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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Sandra
How do I find out what my ex-spouse retirement benefits will be? He has and continues to have a much higher income than me. I am trying to plan for my future, but will not be retiring for several years. I meet all the qualifications for divorced social security benefits. I would like to have some idea of what to expect my monthly income will be.
Martin S.
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Irene M.
HOW TO GET HELP IN DEALING WITH BREAK UP AND DIVORCE.
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Kathy
I was married for 25 years and then widowed. I remarried at 56 years of age, but was only married for 2 years before we separated. Now, because of my religious beliefs, I have filed for Legal Separation. My understanding is that, in the eyes of the law, Legal Separation is exactly the same as Divorce except that I cannot remarry. Anyway, my question is this, I know that the Social Security Handbook says that if you remarry before the age of 60, and that “marriage ends, whether by death, divorce, or annulment” you will be entitled to the survivor benefits from your first marriage., but, what about Legal Separation?
*I accidently put this question as a reply to someone elses question, so I’m now putting it here, sorry for the duplicate.
Sam D.
If my ex wife decided to tap into my SS benefits, would that lessen the amount of monthly SS benefits I would actually achieve each month? Would the amount of benefits my ex wife gets has any effect on the amount of benefits I may receive?
For an example, If I was entitle to $1000 per month, would her withdrawing $400 per month mean my benefits decrease to only $600?
Judy
my Ex-husband & I were married 13 years & divorced He was on S.S. disability for many years – he passed away 10-15 years ago (not sure of the date).I am 65 years old & just retired from my current job – I do not want to take my S.S. until I reach 70 years old. Am I eligible to collect on my ex-husbands S.S. until that time?
R.F.
Hi Judy, 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. In many cases, a widow or a surviving divorced spouse can begin receiving one benefit at a reduced rate and then, at full retirement age, switch to the other benefit at an unreduced rate. Please contact your local Social Security office or call our toll free number at 1-800-772-1213, Monday through Friday, between 7 a.m. and 7 p.m. for further assistance. Thanks.
Judy
I am remarried at this time & my Ex-husband (died) was on Social Security disability. Would I still be eligible to collect on his S.S. retirement?
K.O.
Hello Judy. Generally a surviving divorced spouse must be unmarried in order to be entitled, and cannot get benefits if he or she remarries before age 60 (age 50 if disabled). For your specific situation, please speak to one of our representatives at your local Social Security office or call our toll free number at 1-800-772-1213. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Hope this helps.
jenifer j.
can I revieve ssi on my now ex-husbands ss benefits I do not get ss,ssi,ssd, I pay into trs im becoming disabled and finding it very hard to work everyday I cannot quit at this time cause I have no other income he left me with nothing and im 54 yrs ..old, im in terrible pain every day it never stop ,he abused me terribly that’s why I have the five bulging discs that has been diagnosed very recently, my question is can I get any benefits from him now that were divorced im not remarried and will not remarry for fear of being hurt again thank you anonymously
R.F.
You may be eligible to receive benefits on your ex-spouse’s record at age 62 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.
Please visit our Retirement Planner: If You Are Divorced, then check out our publication, “What Every Woman Should Know” for more important information.
Sam D.
Hi,
1. What is the date divorce is considered final (to determine the 10 yr mark)? For example in california, the judgement may be approved in 2 months after filing paperwork, but the couple has to wait 6 months for divorce to finalize (6 months waiting period). Is it the judgement date or the date after the waiting period one needs to look at?
2. If my ex wife decided to tap into my SS benefits, would that lessen the amount of monthly SS benefits I would actually achieve each month?
R.F.
Hi Sam, 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.
Sam D.
Ray, on the 2nd question, would the amount of benefits my ex wife gets has any effect on the amount of benefits I may receive. If I was entitle to $1000 per month, would her withdrawing $400 per month mean my benefits decrease to only $600?
mary
my sisters ex husband just passed away a week ago, will she be entitled to his home and property? what if his parents passed the house to him, will his kids be entitled? my sister is not sure that he left a will.
Denise S.
Is it no longer possible for me (at full retirement age) to draw on my ex-spouse’s benefits and defer my own until I am 70? What would be the best case scenario for me? Thanks for your help.
R.F.
Thank you for your question Denise. If you turn 62 before January 2, 2016, deemed filing rules will not apply if you file for benefits at full retirement age or later. This means that you may file for either your divorced spouse’s benefit or your retirement benefit without being required or “deemed” to file for the other. In this case, you may also restrict your application to apply only for spouse’s benefits (including divorced spouse’s) and delay filing for your own retirement in order to earn delayed retirement credits. We hope this information helps!
Denise S.
Thanks for your reply. If I turn 62 after Jan 2, 2016, is there any way to defer my own benefits while taking my ex-spouse’s benefits?