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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Tom
I was married for 20+ years and then divorced. I remarried another woman at age 50 but then divorced after a couple of years. I am now 64 and was wondering if I am eligible for spousal benefits from my first wife’s record?
R.F.
Good question Tom. If you remarry, you generally cannot collect benefits on your former spouse’s record unless your later marriage ends. If you are eligible for “Divorced Spouse Benefits”, and if the benefit you receive now based on your own work is less than the benefit you would receive on your (1st) ex-wife’s record, you may be eligible for an increase of your monthly benefit amount. To find out if you are eligible for a higher benefit and to discuss your options, contact us at 1-800-772-1213 between 7 a.m. and 7 p.m. Monday through Friday or visit your local Social security office. Thanks.
Bill S.
My wife and I are divorcing. I am a teacher in a non-social security state. ( Ohio) I will not receive any social security but she will because she works and does pay into it. Am I eligible to receive part of her Social security benefit when she starts to collect?
R.F.
Thank you for your question Bill. If you are divorced, but your marriage lasted 10 years or longer, you may be eligible to receive benefits on your ex-spouse’s record. However, if you will also receive a pension based on work not covered by Social Security, such as government work, your Social Security benefit on your ex-spouse’s record may be affected.
Pam
Why does it say you can’t collect benefits if you remarried? You can still collect if you remarried after age 60, or age 50 if disabled.
R.F.
Your remarriage after age 60 (50 if disabled) does not affect your widow’s or surviving divorced spouse benefits. Click here to see how marriage may affect other Social Security benefits.
hobart@yahoo.com
I am 59 and retired. I am eligible for SS benefits, but still too young to apply.
My ex-spouse is 63, was married more than 10 years, and did not remarry. Based on her age, she is eligible for early retirement / benefits.
Can my ex-pose apply for benefits now on my benefits, or must she wait for me to reach retirement age too?
A.C.
Hi, thanks for your question. To be eligible for divorced spouse benefits, she had to be married to you for at least 10 years, not be currently married, and she cannot be eligible for a higher benefit on her own record. Additionally, you have to be at least 62 before she can file on your record. Hope this helps!
Janette
Hello, My nanny (who is 62) was abandoned by her husband 7 years ago. She, nor her children have heard from him in all these years. How can she claim his social security benefits? Thank you
R.F.
Hi Janette. If legally married, your nanny may be able to get spouse’s retirement benefits, if she is at least 62 years of age. However, her husband must be receiving retirement or disability benefits. She will need to contact us and provide us with the husband’s personal information to find out if she should apply for benefits at this time. Depending on the information she provides, we may need to ask other questions. If eligible for spouse’s benefits, she may have to provide certain documents. She can call our toll free number at 1-800-772-1213 and speak with one of our agents. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Generally, you will have a shorter wait time if you call later in the day, or later in the week, thanks.
STEPHANIE M.
Hi I am still a bit confused. I was married more then 10 yrs. I will be eligible to collect ss starting at 62. My ex is 2 yrs older and makes more then I. I am eligible to collect on his: Is the amt based on his full retirement age or when he is eligible. Also is the amt i can receive half of his? Last question. Can I take his amt and freeze mine till I reach full retire age. Ive callled the ss office and get many different answers. ty
R.F.
Hi Stephanie. Your benefit as a divorced spouse can be equal to one-half of your ex-spouse’s full retirement amount, only if you start receiving benefits at your full retirement age. Keep in mind that if you are 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. Also, if your birthday is January 2, 1954 or later, the option to apply and receive only the divorced spouse’s benefit and delay receiving your retirement benefit until a later date, no longer exists. Please visit our Retirement Planner: If You Are Divorced, then check out our publication “What Every Woman Should Know” for more important information.
S. S.
Sir,
My sister’s husband has been expired, after death of my father he is a retired person , my sister having 3 female children and she is unemployed and no property my mother also predeceased. I am govt employ, Now my doubt is my father pension is eligible to my sister ? Please give me suggestions how I processed in this matter
R.F.
Please visit our “Survivors Planner” web page for information.
Karen
How do I find out what the amount is for my former spouse’s retirement? I am not at retirement age yet but would like to know for planning purposes.
R.F.
Hi Karen. Your divorced spouse’s benefit can be as much as half of your ex-spouse’s “Primary Insurance Amount” or PIA, depending on when he retires. If you are eligible for a higher benefit on your ex-husband’s record at age 62, your benefit will be about 33% of his PIA. Remember, that if your benefit amount is higher that the spousal benefit, then we can only pay that amount. Unfortunately, Social Security records are confidential and we do not disclose information, unless we have the proper authorization or consent.
Venus C.
Hi, information continued from above:
I remarried had another child and then filed for divorce from my second marriage but it has not been finalized and we only appear to be separated currently not divorced.
R.F.
Hi Venus, if you are the surviving divorced spouse of a worker who dies, you could get benefits just the same as a widow or widower, provided that your marriage lasted 10 years or more. If you are caring for a child under age 16 or disabled who is getting benefits on the record of your former spouse, you would not have to meet the length-of-marriage rule. Generally a surviving divorced spouse must be unmarried in order to be entitled, and cannot get benefits if he or she remarries before age 60 (age 50 if disabled). For specific in your case, please speak to one of our representatives at your local Social Security office or call our toll free number at 1-800-772-1213. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Thank you.
Venus C.
My ex spouse is recently deceased, we have a 15 yr old daughter who qualified for benefits. Do I qualify currently as a surviving divorced spouse caring for our 15 yr old daughter even if I remarried and and then divorced from second marriage? I am also temporarily receiving social security disability benefits under my own work record. I was told I can get benefits for caring for our daughter until she turns 16. Is this correct?