Ex-Spouse Benefits and You
Reading Time: 2 MinutesLast Updated: March 28, 2022
No doubt about it — thinking of an ex-spouse can be emotional. And, if your finances have changed for the worse since the breakup, even more emotions can surface.
We have news that may relieve some of your stress.
If you are age 62, unmarried, and divorced from someone entitled to Social Security retirement or disability benefits, you may be eligible to receive benefits based on their record.
There are other rules, of course. You must have been married to your ex-spouse for 10 years or more. If you’ve remarried, you can’t collect benefits on your former spouse’s record unless your later marriage ended by annulment, divorce, or death. Also, if you’re entitled to benefits on your own record, your benefit amount must be less than you would receive based on your ex-spouse’s work. In other words, we’ll pay the higher of the two benefits for which you’re eligible, but not both.
You can apply for benefits on your former spouse’s record even if they have not retired, as long as you have been divorced at least two years before applying.
After you reach full retirement age, you can elect to receive only the divorced spouse benefits and delay benefits on your own record, which may mean a higher monthly amount for you.
If you were born before January 2, 1954 and reach full retirement age, you can elect to receive only the divorced spouse benefits and delay benefits on your own record. This may mean a higher monthly amount for you.
The same rules apply for a deceased former spouse. The amount of benefits you get has no effect on the benefits your ex-spouse or their current spouse receives. If your ex-spouse died after you divorced, you can still qualify for widow’s benefits.
Our Benefits Planner gives you an idea of your monthly benefit amount. If your ex-spouse died after you divorced, you can still qualify for widow’s benefits. Visit Retirement Planner: If You Are Divorced to find all the eligibility requirements you must meet to apply as a divorced spouse.
We hope this news adds some joy to the range of emotions you feel when thinking of your “Ex”!
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Tags: Disability, full retirement age, General Information, retirement, social security disability benefits, survivors benefits
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Doug Walker, Deputy Commissioner, Communications
Deputy Commissioner, Office of Communications
Comments
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Candy F.
I am 68, still fully employed, divorced from my ex-husband since 1991, previously married to him for 21 years. I have been drawing 1/2 of his benefit for several months. I have remarried as of last month and thought I was to report that to SSA so the benefits could be stopped. I called the SSA today and spoke to the “Lead Customer Service Rep” in Wilkesbury PA who insists I do not have to report my marriage and I am entitled to those benefits until I collect my own. She said she confirmed this with someone higher up in her office. Is she correct?
A.C.
Thank you for your question, Candy. Generally, your benefits end if you remarry. Please contact your local Social Security office for further assistance.
Chris G.
I too have been looking for clarification on this answer as I had been told by 2 separate people in the local SSA office that once you reach full retirement age and begin collecting the divorced spouse benefit, then you can keep collecting that spouse benefit if you remarry after benefits have begun at full retirement age. This is an apparent contradiction to the standard reply that implies benefits will stop upon remarrying.
R.F.
Hi Chris. Please visit our Frequently Asked Questions web page for information about how marriage affects Social Security benefits.
R G.
Hello, my mother has been single all her life and has worked in the US for over 30 years. She was forced into retirement at the age of 63 and is collecting full benefits. She got married at 69 and after almost 7 years of marriage she would like to divorce. Her question is, if she divorces now is her spouse entitled to her full ss benefits? He is 69 years of age now.
R.F.
To qualify for divorced spouse benefits, the marriage must have lasted 10 years or longer. See “Benefits For Your Divorced Spouse” for more information.
Sharon F.
I have been divorced by my late(now) Husband for at least 19 years. He recently passed away, back in Canada. I was married to him for 12 years, plus lived common law fro 6 years before that. I am wondering if I can claim spousal benefits, being that we were married that long even tho’ he moved back to Canada? we both had green cards at the time- I am since a Naturalized American citizen. I have his SS# and of course name. What should be my next step?
Sharon
R.F.
Hi Sharon. If your ex-husband worked long enough to be insured under Social Security, you may be eligible for surviving divorced spouse. At this time, we do not offer an online application for survivor’s benefits. If you’re in the United States, please contact your local Social Security office. An appointment is not required, but if you call ahead and schedule one, you will establish a protective filing date for benefits and it may reduce the time you spend waiting to speak to someone. Please call our toll free number at 1-800-772-1213 to make an appointment. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. For assistance related to Social Security benefits, while living outside the United Sates, please contact the nearest U.S. embassy or consulate.
Robin
I am 65, my ex spouse of 12 years is 51. Do I have to wait until he retires to receive benefits from his social security.
A.C.
If you are age 62, unmarried, and divorced from someone entitled to Social Security retirement or disability benefits, you may be eligible to receive benefits based on his or her record. For more information on the requirements for Divorced Spouse’s Benefits, read “If You Are Divorced.”
marc s.
i am 61 divorced exwife is 56 we were married more then 20 yrs and now divorced more then 10
i am on ss disability can i collect on her estimated bebefits when i turn 62 next summer
the way i read it in the ss site divorced spousal benefits
R.F.
Hi Marc. In your case, your ex-spouse must be entitled to Social Security retirement or disability benefits. See “If You’re Divorced” for additional eligibility requirements and information.
Namrata
Hello, My mother (Age 63 Indian Citizen) was married to my father ( Age 69 US Citizen) for more than 30 years, my father is currently retired and receives his social security retirement benefits. I wanted to know if my mother is eligible to receive retirement benefits as well being an ex wife of a US Citizen, however she does not hold Green Card or US Citizenship can she still get benefits ?
R.F.
Thank you for your question Namrata. Based on the years of marriage, your mother may be eligible to receive Divorced Spouse benefits on your father’s record, as long as she meets all other eligibility requirements. Non-citizens living in the United States can receive Social Security benefits if they possess lawful immigration status. To learn more about Social Security benefits and non-citizens living outside the United States, visit our Frequently Asked Questions web page. We hope this information helps.
Taylor R.
Very nice post, thanks.
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Jamie T.
I was told in 2014 by the social security office that even if I remarried at age 46 (which I did) I was still entitled to my ex husband social security benefit as we were married for 20 years. Has something changed since I was told this? I have been remarried since then. I was a stay at home mother during my first marriage and after his leaving me I had to support myself and as such am just now starting to build up any social security on my own. I was assured that I would be receiving his at some point due to our 20 years EVEN if I remarried. Please reply I need information on this!
R.F.
Thank you for contacting us Jamie. Generally, a divorced spouse may be eligible for Social Security benefits at age 62, as long as your marriage lasted 10 years or longer. If you remarry, you generally cannot collect benefits on your former spouse’s record unless your later marriage ends. Please visit our Retirement Planner: If You Are Divorced, then check out our publication, “What Every Woman Should Know” for more important information.
Suzanne M.
Wow, thanks for the information.
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Rose C.
This is about a 63 year old who has been receiving SSI for a number of years. Divorced from husband for longer than receiving SSI. Was not aware could apply for benefits under his account until turned 63. Applied when found out and just started receiving benefits on husband’s account except now have an SSI overpayment. Can you give a POMs or Federal Regulation cite to help me understand this?
This is a asking for someone else question.
R.F.
Hi Rose. The Supplemental Security Income (SSI) program is a needs-based program that provides cash assistance to disabled individuals, who have limited income and resources. SSI is intended to be a program of last resort, and SSI recipients are required to apply for any or other benefits to which they may be entitled. See POMS references: SI 00510.001 Overview of the Filing for Other Program Benefits Requirement and SI 02305.037 Exploring Potential Entitlement to Other Benefits. We hope this helps.