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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Andy
I divorced from my ex after 13 years marriage . She did not marry again. Both of us 68 now. I start to draw SS benefit at my 66 . I’m US citizen but my ex not and never resided in USA . Can she file abroad for SS benefit based on my benefit ?
R.F.
Please visit our Frequently Asked Questions web page to learn more about Social Security benefits and non-citizens. We recommend that individuals living outside the United Sates contact their local U.S. embassy or consulate for any assistance related to Social Security benefits. Please visit our Retirement Planner: Benefits For Your Divorced Spouse for more information. Thanks.
Kerri
My husband of over 19 yrs died unexpectedly one week after our divorce was final. I know I’m not entitled to widow benefits, but he has an 11 yr old son who would be entitled to social security survivor benefits…I’m unsure if for the past 3 or 4 years my ex actually even filed his taxes…am I obligated to file them, and/or if he hadnt, would this impact my son’s benefits?
R.F.
The number of credits needed to provide benefits for survivors depends on the worker’s age when they die. Also, you have the right to file an application for benefits for you and your son, and receive an official denial of your claim from Social Security, which will provide you appeals rights, if in case you wish to seek legal advice to verify our decision. We recommend that you speak to a Social Security representative for further assistance. You can call our toll free number at 1-800-772-1213, Monday through Friday, between 7 a.m. and 7 p.m. Or contact your local Social Security office directly. For further income tax questions, you will need to contact the IRS. Their toll-free number is 1-800-829-1040.
Hail E.
Pretty! This was an extremely wonderful article. Thank you for supplying this info.
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River K.
Hi,
I am approaching 66 years old this year. I was married for 38 yrs. My ex will be 70 this year but took SS at 62. I want to file on his SS as it would be $400 higher than my own each month. However, I am also wanting to remarry. If I remarried before I file for my retirement, would I be ineligible to file on my ex? If I wait to marry after I retire, would that change the status of my SS?
R.F.
Thanks for your question. If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse’s record 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.
If you remarry, you generally cannot collect benefits on your former spouse’s record unless your later marriage ends. See our Frequently Asked Questions web page for more on how marriage can affect benefits.
elenita g.
im 42 years old, and my ex husband will be 62 this month. and he’s getting his early retirement,and can I get some of his ss retirement too?
A.C.
Hi, Elenita. Thanks for your question. Here are the requirements to receive benefits if you are divorced:
• You are unmarried;
• You are age 62 or older;
• 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!
PatriciaB.
Hello;
I am 64 years old, divorced after 22 years of marriage, 17years a go, have not remarried and still working. My divorced ex-spouse, worked in USA for 25years and went to live in South America,and just find out my ex-spouse (62 yrs old) passed in South America.
Can I collect his benefits?
A.C.
Hi, Patricia. If you are the divorced spouse of a worker who dies, you could get benefits just the same as a widow or widower. For more information, please visit our webpage, Survivors Planner: If You’re The Worker’s Surviving Divorced Spouse. You cannot report a death or apply for survivors’ benefits online. Please contact your local Social Security office or call 1-800-772-1213 ( TTY 1-800-325-0778). You can speak to a Social Security representative between 7 AM and 7 PM Monday through Friday.
Bill E.
For the purposes of the length of the marriage, does SSA consider it to have ended upon filing of a petition for divorce, or only upon the final decree of divorce?
If someone is married nine and a half years when they file a divorce petition, but the divorce decree is entered only after ten years of marriage is up, do they qualify as having been married ten years?
R.F.
Thanks for your question Bill. According to our rules, an individual may be eligible for Divorced Spouse Benefits if he or she was legally married to the worker for at least 10 years before the date the divorce became final. We hope this information helps.
Ruth S.
To whom it may concern:
I have a question concerning drawing my late ex husbands SS. I draw SS on my own work record of which is a small amount and of which I started drawing at 62 yrs. old. Me and my late ex husband was married for 42+ yrs and then we divorced and he and I both re-married. My late ex husband passed 3 yrs. ago and me and my new husband have been married for 15.5 yrs now. My husband of today is on disabled SS. My children told me I should be drawing their dad’s SS. I ask my lawyer and she told me the same. Could you please respond with information as to whether I can or Cannot. Thank you so much for your time in this matter. Kind regards, Ruth
R.F.
Thank you for your question Ruth. Generally a claimant for widow’s or surviving divorced spouse’s benefits must be unmarried in order to be entitled. If you remarry after you reach age 60 (age 50 if disabled), the remarriage will not affect your eligibility for survivors benefits. We hope this information helps.
Carolyn
Hello, I have an aunt who was married for along time and has been divorced for 25 years or so. My question is her ex is 89 years old and she is 83. He has stopped paying alimony and when my aunt went to courthouse they advised her that it was done, but when she questioned can she get 1/2 his social security? They advised that after he turned 70 or 75 she was no longer eligible to receive benefits. I want to make sure this accurate. Any information you could give would be greatly appreciated, because I and my parents are trying to help her with this. Thank you
R.F.
Hi Carolyn. First of all, we generally check for all other benefits that an applicant may be eligible at the time he or she applies for their retirement benefits. If your aunt is divorced, but her marriage lasted 10 years or longer, she may be eligible to receive benefits on her ex-husband’s record if she meets all other eligibility criteria. Please keep in mind that her benefit as a divorced spouse can only be equal to one-half of her ex-husband’s full retirement amount if she started receiving benefits at her full retirement age. Also, when you qualify for Social Security benefits on your own record, we pay that amount first. But if you also qualify for a higher amount as a spouse or divorced spouse, you’ll get a combination of benefits that equals that higher amount. We hope this provides some clarity. Your aunt can call our toll free telephone number at 1-800-772-1213 if she has specific questions. Representatives are available Monday through Friday between 7 a.m. and 7 p.m.
Amy
I m 64 and Married for 15 years and recently divorced. I received 2 notifications at the same day via mail that my claim was awarded (claim has my ex ss number) and another one was rejected (claim letter was in my ss number).
Is that mean that my spousal claim was apporved but my personal one was rejected?
Also how long am i going to keep receiving my ex ss benefits?
Thank you
R.F.
Hi Amy. It is possible that when you filed for your retirement benefits, you were also eligible for “divorced spouse benefits”. As it is possible, for a person to be eligible to more than one benefit at the same time, and he or she may receive a combination of benefits equaling a higher amount. For example, a person may be entitled as a retired worker on his/her own record and also as a spouse or divorced spouse on another record. However, this individual’s benefit amount can never exceed the highest of either benefit amount to which they are entitled to. Please contact your local office for clarification. Or call our toll free number at 1-800-772-1213 and ask one of our agents to assist you. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Thanks!
Judy
I divorced after 17 years marriage and then remarried . I am in the process of a divorce. I am 70 years old and started collecting social security at age 62 early retirement. My soon to be ex husband Is only 55 years old . Is there a waiting period after the divorce to apply for divorced spouse benefits from first husband who is receiving SS? My SS iincome is very low and added income would be a god send.
R.F.
Hi, Judy. Thanks for your question. When you remarry, you generally cannot collect benefits on your former spouse’s record unless your later marriage ends. You may apply for divorced spouse benefits once your divorce is final, provided the other requirements for entitlement are met. Here are the 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. Please 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.