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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Terry
I am 61+ and disabled for the last 10 years. I was married for 18 years and never remarried. When I apply for SS at 62 does my ex have to be 62 years old for me to draw on her benefits?
R.F.
Hi Terry, your ex-spouse must be receiving Social Security retirement or disability benefits. If your ex-spouse has not applied for retirement benefits (at age 62), but can qualify for them, you can receive benefits on his or her record if you have been divorced for at least two years. To learn more, visit our Retirement Planner: If You Are Divorced.
Jan
I divorced after 25 years of marriage 17 years ago and have not remarried. I will be 63 this year, my ex will be 65. Can I collect his benefits at the higher rate or can I collect my benefits along with the difference between his and mine even if he is still working? Would it be the full earned amount?
R.F.
Hi Jan, if you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse’s record even if your ex-spouse has not applied for retirement benefits, but can qualify for them, you can receive benefits on his record if you have been divorced for at least two years. 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. Visit our Retirement Planner: If You Are Divorced to learn more.
hussien a.
i am a 67 years old , i came to the us at age 62 and i am working and paying taxes for the last 5 years .am i entitled for Social Security benefits ?
R.F.
Generally, you will need to have 40 credits, or 10 years of work paying Social Security taxes, to qualify for any type of Social Security benefit. Credits are the “building blocks” we use to find out whether you have the minimum amount of covered work to qualify for each type of Social Security benefits. Visit our Retirement Planner for more information. Thanks!
Barbara
I am 68 and started collecting SS at 66. The my ex-husband died in 2015. I started collecting my SS plus approximately half of his. What happens if I get married again?
R.F.
Hi Barbara, based on the information you provided, your benefits should continue. See our Frequently Asked Questions web page for more information.
Marilyn
My ex-spouse applied for early retirement at 62. He is now 63, but is making significantly more than the earnings limit (about $16000 for 2017). I am now also 63 and my personal benefit would be almost nothing. We were married for 40 years, and our divorce was finalized last month. I know that if we were still married, I couldn’t collect against his social security since he makes more than the earnings limits. But, since we are now officially divorced, can I still collect against his social security, even though he makes more than the earnings limit? I can’t find an answer to this specific question.
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david n.
Interesting topic and your discussion of the insurance issues involved was clear and concise.Keep up the good work!
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Sue
My elderly mother was married for 18 years and was widowed in 1972. She remarried in 1982 and wants to get a divorce in 2017. She was a stay at home mom. Would she be eligible for the higher amount of social security benefits from her first husband or second husband? Also, how would she find out what she is eligible for?
R.F.
We wish we could be more help Sue, but for security reasons we do not have access to personal records in this blog. We recommend that your mother calls our toll free number number at 1-800-772-1213 for assistance. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Or she can contact her local Social Security office directly.
Sue
She has contacted SSN, but I don’t believe what she is saying. Unfortunately, I live out of state from her and won’t be able to visit her for a while due to surgery that I had. Would you be able to at least answer the first question on a theoretical basis?
R.F.
Hi Sue. Based on the information you provided about your elderly mother, we can only offer general information to your questions. Generally a claimant for widow’s benefits must be unmarried in order to be entitled. If a widow remarries after age 60 (age 50 if disabled), the remarriage does not affect her eligibility for survivors benefits. To learn more about the current benefits she may be receiving, visit “Benefits For You As A Spouse”. However, her spouse’s benefits may terminate when the marriage ends, unless she can be entitled to divorced spouse’s benefits. Our Program Policy Information Site (POMS) sections: RS 00202.040 & RS 00202.005 provide more information. Even though, we cannot discuss your mother’s information with you without her authorization, you can still call our toll free number at 1-800-772-1213 and ask general questions. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Thanks!
Sue
Thank you!
Daisy
Good Day Sir/Madam
Could I start my own benefits at 62 and wait until I turn 67 to start collecting on my Ex-Spouse’s at 100% benefits?
R.F.
Hi Daisy. If you were born before January 2, 1954 and have already reached full retirement age, you can choose to receive only the divorced spouse’s benefit and delay receiving your retirement benefit until a later date. If your birthday is January 2, 1954 or later, the option to take only one benefit at full retirement age no longer exists. If you file for one benefit, you will be effectively filing for all retirement or spousal benefits. See our Frequently Asked Questions web page for more information.
Daisy
Thank you Ray,
Not too sharp reading these regulations. At age 62 in 2024 (12/1962) when I file, it will be viewed as filing for both (divorced and as a worker). Since my earnings are quite low and My ex-husband earnings are higher, then I will receive my ex. Yet, since it is not at my full retirement I will only receive a portion. What portion will this be?
1/3 of his full retirement? Should I wait longer? All I need is a ‘steady income’ in order to qualify for housing/ 55+ low income. And I am worried I will not have enough monies. I have been a housewife most all my life, therefore I have not paid SS as much. Very little work. Could you please put these regulations in layman terms for me. I appreciate your time. thank you
R.F.
Hi Daisy. This table illustrates the effect of early retirement, for both a retired worker and his/her spouse. In addition, we have a variety of other calculators to help you plan for the future. Which calculator you choose depends on what you want to do. We suggest that you create a my Social Security account. With your personal my Social Security account, you can verify your earnings, get your Social Security Statement, and much more. Happy planning!
Daisy
I will receive both benefits, mine and ex spouse at the same time? As I mentioned before this is very confusing. I went to my SS and it informs me I will receive 263 ? Is this all? or will the ex be added to this? Or, will I only receive the ex since he has higher earnings? What happens at 67 of age? Does it stay the same?
R.F.
Hi Daisy, 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. Please visit our Retirement Planner: If You Are Divorced, then check out our publication, “What Every Woman Should Know” for more important information.
Daisy
You have been a wonderful source of information. Thank you so much for your time and effort to bring this matter in a much easier format to understand.
Have a wonderful day 🙂
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. My sister’s husband also disabled.
R.F.
Thank you for your question Michael. A surviving divorced spouse, could get the same benefits as a widow or widower provided that the marriage lasted 10 years or more. Benefits paid to a surviving divorced spouse won’t affect the benefit amounts of other survivors receiving benefits on the same record.