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
Comments
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CATHERINE
IF I SUBMIT AN APPLICATION ON LINE TO START RECEIVING MY SOCIAL SECURITY AND THEY ALSO HAVE MY EX SPOUSES INFORMATION ..WILL THEY FIGURE BOTH WAYS AND GIVE ME THE LARGER OF THE TWO
Karen
I noticed on an earlier question that you said your ex has to be 62 or older before you can apply for their benefits, but I was told earlier today on the phone that he didn’t have to be 62 as long as I am?
Karen
I will soon be 65, am divorced (4 + years) after a 30 year marriage. My social security benefit is lower than what I would get from my ex’s. I want to wait until I reach my full retirement age (66) to file for his so I can get the full 50%. My question is, can I file for my benefits for this year and then file for his next year and get the full 50% of his benefits? It seems like I can’t because it says that I have to file for both at one time? I’m a bit confused.
Lynn C.
Hi, can you explain “RS 00202.045 Remarriage of a Divorced Spouse The marriage of a divorced spouse will terminate entitlement to such benefits unless the marriage is to an individual entitled to widow(er)’s, mother’s, father’s, CDB, divorced spouse’s, or parents benefits”. Does this mean that my boyfriend and I can get married without losing our current benefits? We are both divorced and collecting based on our ex-spouses earnings.
Ana
Hello. I am 61 and soon to be divorced after 30 years of marriage. I worked enough to collect at 62, but the amount would be less than $600/mo. What are my options as my to be ex is only 58 years old? Thank you, Tmar
R.F.
Hi Ana. If you are divorced, age 62 or older and your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse’s record, if he is entitled to Social Security retirement or disability benefits. If your ex-spouse has not applied for retirement benefits, but can qualify for them (at his age 62 or older), you can receive benefits on his record if you have been divorced for at least two years. We hope this information helps.
JOE
HELLO I AM 59 ON DISABILITY CAN I COLLECT ON MY EX WIFE BENEFITS AND SHE IS 55 AND STILL WORKS ? MARRIED FOR 19 YRS …THANKS
R.F.
Hi Joe. If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse’s record (even if they have 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.
Brenda G.
I’m very happy I found this blog. I hope someone can help me with this question. I was married to my ex husband for 11 years and we had a daughter. He started receiving social security disability benefits 4 years after we was married. He was married once before and had 2 boys with his first wife. She’s now on disability and her check is almost the amount of his. She’s part of the reason we got divorced, she caused nothing but trouble for us. She always acted like they were still married and she’s the one who divorced him. She said to us one time that if she wanted to she could get some of my husbands disability money. She now claims that if he passes she will be the one who will get his social security benefits and I wouldn’t because they were married longer and had more kids together. I don’t see how she’d be entitled to any of it because he was remarried and didn’t receive any benefits until him and I was married. Is she telling the truth, will she get his SS benefits and not me if he passes? Thanks and thanks for your help. God Bless!!
R.F.
Hi Brenda. A divorced spouse of a worker who dies, could get benefits just the same as a widow or widower, provided that the marriage lasted 10 years or more. Generally, benefits paid to you as a surviving divorced spouse, won’t affect the benefit rates for other survivors getting benefits on the worker’s record. Please visit our “Survivors Planner: If You’re The Worker’s Surviving Divorced Spouse” web page for more information.
Cindi
I was told on the phone, that I need to take the marriage certificate, divorce decree, and his SS# into an office. Do I need an appointment to do that? There is no contact number for the nearest office.
Thank you.
R.F.
Hi Cindi. For further assistance or to make an appointment, call our toll-free number at 1-800-772-1213 (TTY 1-800-325-0778). Representatives are available Monday through Friday, between 7 a.m. to 7 p.m. You may also find local contact information at: http://go.usa.gov/bgfV. Thanks!
Allen
Hi, I am 72 and receiving SS and still teaching and my ex wife receives a payment based on my earnings. If i remarry will it reduce my or her benefit?
Denver E.
Hi I am 63 years old and just married a retired vet age 74, he was previously married for 14 yeas, would I receive his survival benefit if he dies before our 10 year marriage anniversary?
Phil
I am currently 60 years old and considering divorcing my spouse of 30 years in 2 years maybe sooner. At age 62 can I take social security and still work full time (earn approx $70k per year) and use my full social security benefit to pay the alimony to my spouse and not get penalized. My spouse is also 60 right now and is not employed and has not been employed for many years. My spouse does not plan to take social security until my spouse reaches age 66. Please email your reply.