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
See CommentsAbout the Author
Doug Walker, Deputy Commissioner, Communications
Deputy Commissioner, Office of Communications
Comments
Comments are closed.
DEBORAH N.
I didn’t understand the following part of this article:
“…If you decide to wait until full retirement age to apply as a divorced spouse, your benefit will be equal to half of your ex-spouse’s full retirement or disability benefit amount.”
Does this mean I can only collect HALF of my ex-spouse’s retirement when I am 62? I thought I could collect the full amount, so what’s this about? Need clarity.
I am currently on disability and not yet age 62. Am I able to collect my ex-spouse’s full benefit amount instead of what I am currently collecting?
Please clarify if you would. Much appreciated.
R.F.
Thank you for your question Deborah. The maximum benefit amount for a divorced spouse can only be equal to one-half of the ex-spouse’s full retirement amount. However, this is true only if the divorced spouse starts receiving these benefits at her full retirement age (currently age 66). Remember that if you qualify for benefits on your own record, we 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. To see if you’re eligible for a higher benefit amount at age 62, you will need to contact us. Thanks!
Edmond
I believe, WordPress is to blogging is like Google is to web search… Your list of top wordpress powered websites is surely a motivation for more bloggers to switch to it!
http://www.huhuhu.com
Teresa
I was awarded Survivors benefits on behalf of my ex-husband because I am caring for our daughter who is under the age of 16. I work a full time job and was told that I make over the income allotment so would not receive the benefits probably the first 10 months because of my income, but they deposited money into my account for the first 2 months. So, will I have to pay that back?
R.F.
Unfortunately, your question is a bit more complex than we can handle in this forum. For your security, we do not have access to information about your account in this venue. Please contact your local 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. Generally, you will have a shorter wait time if you call later in the week. In the meantime, you can visit our “Retirement Planner – How We Deduct Earnings From Benefits” or read our publication “How Work Affects Your Benefits” for related information. Thanks!
Patricia D.
My question is this I was married for 33 years to my ex husband and we divorced. I was a stay at home wife and mother. now my ex-husband retired and is about to receive benefits. He is remarried and so am I. My question is that I am unable to receive benefits on a marriage that took up 3/4 of my life. I was sure I was entitled to this money at his retirement. Why would that not be the case, as I do not have an extensive work history of SSN benefits?
R.F.
Hi Patricia. Under current law, if you remarry, you generally cannot collect benefits on your former spouse’s record unless your later marriage ends. See our Retirement Planner: If You Are Divorced for more information.
Karen B.
My THIRD time posting these questions! 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. Also, 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?
R.F.
Hi Karen, to qualify for divorced spouse’s benefits your ex-spouse must be entitled to Social Security retirement (age 62 or older) or disability benefits. If your ex-spouse has not applied for retirement benefits, (at age 62 or older), but can qualify for them, you can receive benefits on their record if you have been divorced for at least two years. Your benefit as a divorced spouse is equal to one-half of your ex-spouse’s full retirement amount (or disability benefit) if you start receiving benefits at your full retirement age. If a person begins to receive benefits at age 62 or prior to their full retirement age, their benefits are reduced. These reduction factors are permanently applied to all of the benefits the person may qualify for. Visit our Retirement Planner: If You Are Divorced for more information, or call our toll free telephone number at 1-800-772-1213, Monday through Friday between 7 a.m. and 7 p.m. if you have additional questions. Thanks.
Walt L.
What if you are not retirement age but are currently drawing disability and your ex spouse just reached retirement age.
R.F.
Hi Walt, 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.
Walt L.
Thanks.
Karen
My 84 year old Husband’s ,1st wife (Divorced in 1977) apparently drew on his Social Security Number for several years before her death. Now 5 years latter Social Security has informed us that they had overpaid her and are demanding that my Husband repay the overpayment. He is terminally ill an has only his SS check for $1219 a month and a VA Pension for aid and attendance $1650 (based on need) that is used to pay for help with his daily living. Would not the persons/ (Nursing Home) have to pay that overpayment back ?
R.F.
We wish we could be more help Karen, but for security reasons we do not have access to personal records in this blog. Your local office will be able to assist you better. For more information and to learn about appeals and waiver rights, read our publication on “Overpayments“. If you still have questions, or need further assistance, you should call our toll-free number at 1-800-772-1213. Representatives are available between 7 a.m. and 7 p.m., Monday through Friday but you will generally have a shorter wait time if you call later in the week. Thanks.
Karen
I asked 2 questions and other people asked some questions and they were just skipped but someone esle’s was answered. Are you selective about which questions you answer?
R.F.
Hi Karen. We get numerous questions through our Social Security Matters Blog postings and we always attempt to respond to as many of the comments and questions as we possibly can. We apologize if we missed your question, but please consider re-submitting it again. Thanks.
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. Also, 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?
Jannette B.
Was just wondering if your spouse who was married before and had children then they divorced and you married them then 10 years later she passes who can collect on her benefits the first husband and/or second ?
R.F.
Hi Jannette, a surviving 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. Benefits paid to the surviving divorced spouse, won’t affect the benefit rates for other survivors getting benefits on the worker’s record. We hope this helps!
Carol E.
I am almost 67 and have been receiving 50% of my Ex’s benefit since my 66th birthday. Since I continue to work, I am hoping to hold off until 70 to begin claiming my own and let it increase. SS used to send a report showing what those amounts would be if I delayed my claim. It was also available within my account online, however since I started receiving my Ex’s, this information is no longer available. Is calling SS and making an appt the only way to find out what MY monthly benefit amount would be?