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”!
Did you find this Information helpful?
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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Dave
If a person is already receiving their own benefits from early election at 62, plus an added spousal benefit, then they divorce later on and the divorce spouse is receiving full benefit, can they still claim 1/2 of the divorced spouse’s benefits?
Lorenzo D.
Thanks for your question. To be eligible for a divorced spouse’s benefit, you had to be married to your former spouse for at least 10 years and you cannot be eligible for a higher benefit on your own record. Here is some helpful information on how to qualify for divorced spouse’s benefits. We hope this helps.
Katy S.
We are hetrosexual partners which we have been together 16 years we registered as domestic partners but do we still have to get married to be entitled to each others social security when one of us pass away? Thank you
Lorenzo D.
Katy, Social Security follows the state laws on marriage and domestic partnerships, so please check the laws in your state. To get survivors or spouses benefits you generally must live in a state that recognizes common-law marriage. However, most states (even those that do not recognize in-state common-law marriage) will recognize a common-law marriage entered into in another state.
Arun
There must be phone numbers provided along with area codes and human must answers not recorded messaging system during normal office hours.
I had to leave US soil during economic crisis in America With zero balance. Now I am collecting SS benefits and also have applied for divorced spouse benefits which was very hard to convince Manila office
finally called Baltimore office someone help me out and sent messages on my behalf after checking all eligibility. Application is under process waiting for favorable reply but no easy access of communication and emails goes unanswered!
I currently live in India and upon receiving combined benefits I might be able to resettle in America.
Thank you
Michele G.
Just to be clear:
I am currently married (13 years). He was previously married (13 years); she then got remarried, but recently just got divorced (after 6 years).
Does that mean that both she and I would qualify for Social Security benefits should anything happen to my husband?
Lorenzo D.
Yes, both you and your husband’s ex-spouse could potentially qualify for benefits. We have a Survivors Planner on our website with specific information for widows/widowers and surviving divorced spouses you might find useful.
thomas
Was married more than 12 years and divorced 3 years. Can I use my ex wife for my social security disability?
Lorenzo D.
Thanks for your question, Thomas. To be eligible for divorced spouse benefits, you had to be married to your former spouse for at least 10 years, and you cannot be eligible for a higher benefit on your own record. Here’s some information on how to qualify under our If You Are Divorced section of our web site. Hope this helps!
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CHERYL D.
I WAS MARRIED FOR 32 YEARS NAD HE DIVORCED ME JUST BECAUSE I STILL DO NOT UNDERSTAND THAT HAPPENED IN 1999 AND I NEED MONEY BECAUSE OF THIS HE WILL NOT TELL ME WHY BUT I HAVE TO RENY OUT A ROOM IN MY HOME AND ALL THE BILLS LIGHTS WATER GAS JUST GO UP I HAVE SOLD MY CAR AND IT IS JUST SAD PLEASE CHECK THIS OUT AND LET ME KNOW THANK YOU
CHERYL DAVIS
Julie
How do the Social Security benefits apply if there are two women, an ex-wife and a widow (I am the widow)? My husband and I were married when my husband passed away, yet he was previously married for several years and his former wife is unmarried.
toya
division and dividing.
Lorenzo D.
Both a widow and a surviving divorced spouse (ex-wife) can receive Social Security survivors benefits on the account of a deceased worker if they meet the requirements. The amount that surviving divorced spouse receives will not lower the amount that the widow is entitled to. For more information about widow’s benefits and surviving divorced spouse’s benefits, please read If Your Are The Worker’s Widow Or Widower and If You Are The Worker’s Surviving Divorced Spouse.
Someone
Search this website and ye will find. A lot of questions I read here are answered just by a little research on SSA’s website. A good publication I recommend is “What Every Woman Should Know” Now fellas don’t let the title fool you because it also applies to men as well.
patricia j.
We were married just over 10 years, with a break in the middle. During seminar by a SSA supervisor I was told I would qualify for my ex’s SS$. When I applied the rep denied it. I worked for the federal government and get little in comparison. It’s been 8 years since my benefits started. Can I appeal without having to pay someone?
Please note there are two questions or concerns here.
Someone
You can always appeal with SSA without having to pay monies. 8 years is a long time, you might be able to still appeal it from that far back.
Lorenzo D.
Thank you for your questions. Generally, if you were married to your ex-spouse for at least 10 years, you should be able to qualify for benefits on his or her record. In order to collect ex-spouse’s benefits, you must be unmarried and be within three months of age 62 or older. You can appeal any denial, termination or reduction of benefits. You must file an appeal within 60 days of the date you receive our denial letter, and can find additional information here about filing an appeal. If you need further help, you can contact your local Social Security office.
toya
are people doing this due to lack of employment information and thus no wage reporting on their own record? is it being used as a reference or basis for calculating a higher benefit amount?