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
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Pat
Can I collect my ex-spouse’s social security, who is 66 years old and not working, if I am 65 and still working full time?
A.C.
If you are 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.” Keep in mind if you are under your full retirement age, you are also subject to an earnings limit.
Sarah N.
I was married 38 years and have been receiving 1/2 of my ex-spouse social security benefits since age 65. I am now 67 and would like to remarry. My ex-spouse is still living. Since I was a stay-at-home mom, my own social security benefits are not comparable to my ex-spouses. Can I continue to receive my ex-spouse monthly benefit and survivor’s benefit if I remarry at age 68?
A.C.
Thank you for your question, Sarah. Generally, your divorced spouse’s benefits end if you remarry. A surviving divorced spouse could get benefits just the same as a widow or widower, provided that the marriage lasted 10 years or more. If a widow or a surviving divorced spouse remarries after age 60 (age 50 if disabled), remarriage will not affect their eligibility for survivors benefits. See our Frequently Asked Questions web page for more information on how marriage can affect your Social Security benefits. Please contact your local Social Security office for further assistance.
Jennifer H.
My ex-husband died 16 days ago. His death may involve drugs, and they are performing an autopsy. The local SS office said I need a death certificate within 60 days or no benefits. Is the death certificate delayed because of cause of death? The funeral home said they could not provide one.
Thank you
R.F.
We are sorry to hear of your loss Jennifer. Proof of death is needed when an application for survivor’s benefits or lump-sum death payment is filed. Unfortunately, your situation is a bit more complex than we can answer in this forum. However, we suggest that you make an appointment to file for benefits, and establish a protective filing date that will protect any benefits you may be eligible for, when you finally obtain a death certificate. You have the right to file an application for benefits and receive an official denial of your claim from Social Security, which will provide you with appeals rights, if in case you wish to seek legal advice to verify our decision. Please call our toll free number at 1-800-772-1213, Monday through Friday, between 7 a.m. and 7 p.m. and ask one of our representatives to assist you. Thanks.
Maureen
I am 61 my husband is 54 married 10 years getting divorced when will I be eligible to collect benefits. I was a stay at home wife.
R.F.
Hi Maureen. You may be eligible to receive benefits on your ex-husband’s record if he is entitled to Social Security retirement or disability benefits. If your ex-husband does not apply for his retirement benefits, but can qualify for them and he is age 62 or older, you can receive benefits on his record if you have been divorced for at least two years. Here are the other eligibility requirements to receive benefits as a divorced spouse:
• You are unmarried;
• You were married to your ex-spouse for at least 10 years;
• The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse’s work.
Please visit our Retirement Planner: If You Are Divorced, then check out our publication, “What Every Woman Should Know” for more important information.
Lynn
If you were married less than 10 yrs, are you entitled to any spouse benefits.
R.F.
Hi Lynn. The 10 year marriage requirement still applies to Divorced Spouse benefits. In order to receive these benefits, you must have been married to your ex-spouse for 10 years or more. Thanks.
Judy K.
I have been receiving SS under my ex-husband’s record for some time & he just passed away last week. Do I have to notify SS that he passed or will my benefits automatically change to Survivor’s Benefits? I was told when I applied that the survivor’s benefit would be higher when he passed away. Is there any way to know how much of a difference there will be? I receive a very small SS check (even though it is on both of our SS records). Any increase would be a Godsend as this is my only income.
R.F.
Thank you for your question Judy. If you already receive benefits on your ex-husband’s record, your benefit will automatically convert to survivors benefits after we receive the report of death. If an increase is due, a new monthly benefit amount is established and we will send you notification. In most cases, the funeral home will report the person’s death to Social Security. However, you may notify us of his death by phone, mail or in person. We do not have access to personal information in this venue. Please call our toll free number, 1-800-772-1213 (TTY 1-800-325-0778) Monday through Friday between 7:00 a.m. and 7:00 p.m. to speak with one of our representatives for further assistance. Or, you can visit your local office.
Pamela A.
Hi. I retired in May 2016 at age 62 due to health problems. My ss retirement benefit right now is about equal to half my ex-spouse’s retirement benefit. At my fra, will I be able to receive ss benefits based on his fra benefits? Thank you.
A.C.
Hi, Pamela. If a person begins to receive benefits at age 62 or prior to their full retirement age, their benefits are reduced. The reduction factors are permanently applied to all of the benefits the person may qualify for. Benefits are reduced to account for the longer period over a person will be paid. You may still be eligible to collect reduced benefits on your ex-spouse’s record. However, if you’re eligible for retirement benefits on your own record and divorced spouse’s benefits, we will pay the retirement benefit first. If the benefit on your ex-spouse’s record is higher, you will get an additional amount on your ex-spouse’s record so that the combination of benefits equals that higher amount. If you have specific questions, please call our toll free number at 1-800-772-1213, Monday through Friday, between 7 a.m. and 7 p.m. and speak with one of our representatives.
shari
if I collect my Social Security at 62 and I can’t get his because my estimated a little bit more than half of his would have been but if he was to deceased will I be able to get his then because it’ll be more than mine now, he’s on disability and he gets sixteen hundred Ia month and I think I will be receiving around 670 a month but if he was to deceased could I switch mine over to his an receive a little more than mine
Cindy
When my husband of 30 years died and I had reached full retirement age I had a choice of receiving SS benefits through his account or that of my first husband, whom I was married to for more than 10 years. I simply took the one having to do with my second husband. Now I’ve learned that I would be receiving more had I gone through my first husband’s SS account. Can that choice be reversed, and have me go under my first husband’s account?
Theresa R.
I am 51. I established my Husbands SS Disability, during our 30 years Marriage. He divorced me. He receives over $2,600 Monthly. Our Judge demanded he pay me $300 ( which is the MAX, for Florida Alimony – no minor Children, & assets exhausted ) – am I entitled to more ? I have raised our Children, been a good Wife, and can’t get 30 years back. I feel as though I’ve been robbed. I haven’t worked since 1999. Thank You.
R.F.
Hello Theresa. Generally, a divorced spouse may be able to receive benefits on the ex-spouse’s record starting at age 62 or older. For more information, please visit our Retirement Planner: If You Are Divorced. Thanks!