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
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Suzanne
I am 49 and disabled. I was married and divorced after 11 years. Neither of us remarried. He was also disabled and died at age 49. His disability was more than mine. Do I qualify to collect his higher amount?
A.C.
Hi, Suzanne. Thanks for your question. A disabled widow may be eligible for benefits if the person is between ages 50 and 60, the person meets the definition of disability for adults, and the disability started before the worker’s death or within seven years after the worker’s death. For more information about widow’s benefits, check out our Survivors Planner. We hope this helps.
Trish
I am waiting to apply for half of my ex-husband’s SS when I am 66. He is 11 months younger than I am. Can I collect when I turn 66 or do I need to wait until he turns 66?
R.F.
Hi Trish! If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse’s record (even if he or she has remarried) if:
•You are unmarried;
•You are age 62 or older;
•Your ex-spouse is entitled to Social Security retirement or disability benefits and
•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.
Also, if your ex-spouse has not applied for retirement benefits, but can qualify for them, you can receive benefits on his or her record if you have been divorced for at least two years.
lois
Hi, I’m a 61 yr old women who has never work I’m currently married but going to DV my 2nd husband who is 55, I was married to my first husband for 12 years, he passed away 13 yrs ago,,,, can I get any benefits from his work history,,,,,
R.F.
Hi Lois. If you’re divorced and you remarry, you generally cannot collect benefits on your former spouse’s record unless your later marriage ends. If you are the divorced spouse of a worker who dies, you could get benefits just the same as a widow, provided that your marriage lasted 10 years or more. However, if as a surviving divorced spouse, you remarry after you reach age 60 (age 50 if disabled), your remarriage will not affect your eligibility for survivors’ benefits. Your case is a little complex and we may need more information, please call our toll free number at 1-800-772-1213, and speak to one of our agents. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Or you can visit your local Social Security office for further assistance. Thanks!
lois
Hi thx for this info, but why do you say its complex, from what I been reading,, my first husband an I were married for 12 yrs,, he always worked making good money for the phone company,, he an I dved 25 yrs. ago,,, , now my second husband an I want to Dv I should be able to collect on # 1 as # 2 is not old enough to collect from…. an I have never worked… so what problems could come up to spot me from collecting on #1 thx
N f.
I was married to my spouse for 21 years and 4 months, I receive SSI only right now. I was told if I don’t apply for the Ex-Spouse benefit, that I will be penalized and lose my entire SSI benefit on my own. My ex-wife remarried 12 years ago. Is it true I can lose my SSI (posted for my father).
N f.
In addition to that, can those type of benefits be garnished for past due child support? I know SSI is not.
R.F.
Please visit our Frequent Asked Questions web page for information related to garnishment of Social Security benefits.
N f.
Thank you. I did check out this page, but it didn’t help. I know my SSI cannot be garnished for child support, but if I draw an ex-spouse retirement benefit, is that open for child support?
R.F.
We can withhold Social Security benefits to enforce your legal obligation to pay child support, alimony or restitution. State laws determine a valid garnishment order. Please visit our Frequently Asked Questions web page for information related to garnishment of Social Security benefits.
R.F.
The Supplemental Security Income (SSI) program is a needs-based program that gives cash assistance to people with limited income and resources who are age 65 or older, blind or disabled. Social Security has strict guidelines that apply to individuals receiving benefits under the SSI program. First of all, SSI beneficiaries are required to report their income or resources available to them. The amount of their SSI benefit is based, in part, on their income and available resources. If an SSI recipient qualifies for their own retirement benefit or any other benefit, they are required to apply as soon as they become eligible. Failure to apply for additional benefits will result in suspension or termination of their SSI benefits. We hope this information is helpful.
Hess
Hello and thank you for your assistance. I am inquiring on behalf of my sister who is 72 and was married to her spouse for 14 years. According to my sister, when she tried to get spousal benefits, she was told her ex husband had to be deceased before she could receive benefits. From what I’ve surmised, that is not correct. Can you tell me what I can do to assist her in getting the benefits which she greatly needs. Thanks.
R.F.
There are a few things we must keep in mind. First, if your sister is eligible for retirement benefits on her own record, we pay that amount first. Also, her benefit as a divorced spouse can ONLY be equal to one-half of her ex-spouse’s full retirement amount, if she starts receiving benefits at her full retirement age. 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. Finally, the fact that survivors’ benefits are established at a higher rate, may make your sister eligible for a higher benefit amount when the ex-husband dies. We cannot provide specific information about your sister’s situation. For specific questions, your sister should 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. We hope this information helps!
Lynnie
I applied for Social Security benefits at age 62 in 2013. After reading about divorced spouse benefits on the SSA website, I thought that I would be eligible to receive an amount equal to my former spouse’s benefits – my own benefit and his combined. I applied in person and brought my marriage certificate and divorce decree to the office, only to be told that my amount was higher than my former spouse’s. This cannot be true as my earnings were always about 2/3 less than his when we filed joint income tax returns during our marriage. I am fairly certain that when he began receiving his benefit at age 66 that he was eligible for the maximum benefit because of his high earnings (he is a small business owner). I meet the requirements of having been married for more than 10 years and am not re-married. Was I given incorrect information?
R.F.
Hi Lynnie. Your benefit as a divorced spouse is equal to one-half of your ex-spouse’s full retirement amount only if you start receiving benefits at your full retirement age. If a person begins to receive benefits at age 62 or prior to their full retirement age, their benefits are reduced. These reduction factors are permanently applied to all benefits an individual may qualify for once they opt to start benefits at age 62 or at any time prior to their full retirement age. Visit our Retirement Planner: If You Are Divorced for more information.
Lynnie
Thank you. So, does this mean that I will not receive any additional benefit if he pre-deceases me?
Jean
I will turn 62 this year, was married to my ex 17 years and his benefit is higher than mine. If I claim now would I receive what his current benefit is? If he doesn’t retired until 70 it increases substantially would my benefit go up when he retires since it’s higher again or stay at the level of when I claimed?
R.F.
Your benefit as a divorced spouse is equal to one-half of your ex-spouse’s full retirement amount only if you start receiving benefits at your full retirement age. Also, if your ex-spouse has not applied for retirement benefits, but can qualify for them, you can receive benefits on his or her record if you have been divorced for at least two years. If you decide to begin to receive benefits at age 62 or prior to your full retirement age, your benefits will be reduced. These reduction factors are permanently applied to all benefits an individual may qualify for once they opt to start benefits at age 62 or at any time prior to their full retirement age. Visit our Retirement Planner: If You Are Divorced for more information. Thanks!
Ruth S.
My father would like to know if him and my mom is separated (not living together for 12 year and not divorced) and his retirement benefit is to be paid out within a month or so should he give some of the money to my mom as she is receiving a social grant.
on b.
I would like to know, my wife and myself is not living together (separated) for 12 years, I resigned from work and my retirement benefit should be paying out shortly. My wife is now informing me that she wants some of the money otherwise she will take further steps. She does receive a social grant. Is the legal and should I provide her with some of my money
Bill
I was married for 20+ years before divorcing. I am 64. My ex-wife just e-mailed me about “taking half” of my social security benefits when she turns 65. She does not have much of a SS record on her own. My question (which I have not seen explicitly answered anywhere) is: if she gets SS benefits based on MY record, does that reduce my benefit or would her benefits be completely separate from whatever I receive?
R.F.
Thank you for your question Bill. The amount of benefits your divorced spouse gets on your record, has no effect on the amount of benefits you may receive. Visit our “Retirement Planner: Benefits For Your Divorced Spouse” for more information.