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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Michael G.
My sister and her husband have been married 40 years. He divorced his first wife after 14 years marriage. She remarried and divorced after 10 years. She is still single but in a relationship. If my brother-in-law should die would his ex-wife be entitled to ANY of his social security benefits. This is of great concern to my sister & her husband.
Karen C.
My ex is 69 yrs old and still working. I have decided to retire at 62. Is it possible to draw a larger sum on his Social Security benefits when I turn 65 even if he is still working? I am currently drawing 34.00 each month on his benefit.
A.C.
Hi, Karen. If a person starts receiving retirement benefits at age 62 or any time prior to their full retirement age, their benefit amount is reduced. The reduction factors are permanently applied to all of the benefits the person may qualify for. Based on the information you provide, and if you qualify for benefits on your own record, we will pay that amount first. If you are eligible for “Divorced Spouse Benefits”, and the benefit amount on your ex-spouse’s record is higher, you’ll get an additional amount on your spouse’s record so that the combination of benefits equals that higher amount. You can call our toll free number at 1-800-772-1213 for further assistance. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Thanks!
Rita K.
I am 60 years old and may be out of a job,my ex-husband died a couple of years ago ,am i allowed to collect on his social security now or do i have to wait until i am 62 need help with this
Rita K.
I am 60 years old and may be out of a job,my ex-husband died a couple of years ago ,am i allowed to collect on his social security now or do i have to wait until i am 62
R.F.
Thank you for your question Rita. If you are the widow of a person who worked long enough under Social Security, you can receive reduced benefits as early as age 60 (age 50 if disabled). You cannot apply online for survivor’s benefits. You will have to contact your local Social Security office. Please call us at 1-800-772-1213 to make an appointment. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m.
Sonja B.
If I have been married for 10.5 years but remarried , both of us and I was the first wife of 10 years can I still file to get my ex husbands social security portion?
R.F.
Thank you for your question Sonja. If you remarry, you generally cannot collect benefits on your former spouse’s record unless your later marriage ends. 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 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.
OLATUNJI A.
It would be appreciated if you can clarify the following:
1. What is the difference between the benefits of divorced spoue and that of diseased spuse?
Survivor’s Benefits are paid at a higher rate than regular benefits.
2. Does the death of a child end the benefit of a widow or widower,?
A widow can start receiving reduced benefits as early as age 60 (age 50 if disabled). If a widow who is caring for the worker’s children receives Social Security benefits, they’re still eligible if their disability starts before those payments end or within seven years after they end.
3. Can a three month incarceration that was not a result of conviction of any criminal offence result in cancellation of one’s SSI and SS benefits?
Social Security Disability Insurance(SSDI) and Supplemental Security Income (SSI) payments generally aren’t payable for months that you’re confined to a jail, prison, or certain other public institutions for committing a crime.
Thanks for your anticipated answers for the above questions.
OLATUNJI A.
Great1 and thanks.
Marie G.
I am a US Citizen who is married to a NON-resident alien who never stepped foot on the US soil and has no SSN and no immigration visa. His petition to come to the US has been withdrawn by myself due to infidelity. Unfortunately, we are still married. Is he eligible to receive benefits from my retirement since he lives outside of the US?
R.F.
Thank you for your question Marie. Even if he has never worked under Social Security, your spouse may be able to get benefits if he is at least 62 years of age and you are receiving or eligible for retirement or disability benefits. Generally, legal immigration status is required to establish payment of Social Security benefits. Also, we may pay benefits to noncitizens outside of the United States –only- if they meet certain conditions. See our Frequently Asked Questions web page for more information.
Marie G.
Thank you for your quick response, Sir. So, even if this man has abandoned me and our children and has a new family, he is still eligible to receive my hard earned benefits? This is someone who never supported us financially and held my US citizen children captives in the Philippines for the longest time. Since we are still married because he is contesting the divorce, he is not going to sign the paper to let our minors go back to the US unless I bring him here. He’s got 3 kids from 2 different women already. Even if he has never set foot on the US soil and doesn’t have any record of coming to the US, are you saying that he is still eligible to receive benefits? Just curious.
Deborah N.
I will turn 65 on 6/28/17 and plan to retire from my job. I don’t want to take my own social security benefits until 6/18. I was previously married for 20 years and wonder if I can take the ex-spouse ss benefits for the year until I can recieve my own.
R.F.
If you apply for benefits before you attain your full retirement age, you will be required or “deemed” to file for the other benefit as well. Deemed filing means that when you file for either your retirement or your spouse’s benefit, you are required or “deemed” to file for the other benefit as well. See our Retirement Planner: Deemed Filing FAQs web page for more information.
Eileen
If I apply and receive SS at age 62, but my ex is 58, when he reaches 62, can I REAPPLY to tap into his SS. We were married 32 years.
A.C.
Hi, Eileen. You may be eligible to receive benefits on your ex-spouse’s record at age 62 or older. Here are the additional requirements to receive benefits if you are divorced:
• You are unmarried;
• You were married to your ex-spouse for at least 10 years;
• 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. This means that if you are eligible for retirement benefits on your own record, we will pay that amount first. If the benefit on your spouse’s record is higher, you will get an additional amount on that record so that the combination of benefits equals that higher amount. For more information, check out our Retirement Planner: If You Are Divorced webpage.
We recommend that you read our publication, “What Every Woman Should Know” for more important information. Thanks!
Helen
Can I receive ex- spouse social security if he never put me as wife on taxes? We lived abroad and didn’t have status , only my husband did.
He is now 68 and I am 63.
I now have a green card and am in the USA. He started working 1988 and we divorced in 1994. He retired in 2015. We were married 20 years (1974-1994)
R.F.
Hi Helen, at age 63, you may be eligible to receive benefits on your ex-spouse’s record if:
• You were married to your ex-spouse for at least 10 years;
• You are unmarried;
• 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.
If –at age 68- your spouse hasn’t applied for benefits, but can qualify for them, you can receive benefits on your ex-spouse’s work as long as you’ve been divorced for at least two years. Please visit our Retirement Planner: If You Are Divorced, then check out our publication, “What Every Woman Should Know” for more important information.