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.
Hail E.
After looking over a number of the blog posts on your blog, I seriously appreciate your technique of writing a blog. I added it to my bookmark webpage list and will be checking back soon. Please visit my web site as well and tell me your opinion.
http://dealershail.com/
McKenzie
I was married to my ex-husband for 38 years. We have been divorced for 6 years & I have not remarried. I will draw $1700 a month @ full retirement & he will draw $2800. What am I eligible to receive? Also… I am 62 & was born 9/14/54. Can I draw 1/2 of his social security until I decide to retire?
Thanks for your response.
A.C.
Hi, McKenzie. Remember that when you qualify for benefits on your own record, we will pay that amount first. If you are eligible for divorced spouse’s 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. Your benefit as a divorced spouse can only be 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. Also, 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. Please visit our Retirement Planner, and read “Recent Social Security Claiming Changes” for more information. You can call our toll free number at 1-800-772-1213 and speak to one of our representatives, if you have additional questions in your case. Representatives are available Monday through Friday, between 7 a.m. to 7 p.m.
Karl
what age does the ex have to be for me to draw of SS?
I am over 62 and have no benefits on my own. We have been married over 10 years and the divorce is been 2 years. My ex is only 48. Can I apply to draw of my ex?
R.F.
To be eligible for divorced spouse benefits, you had to be married to your former spouse for at least 10 years, be age 62 or older and you cannot be eligible for a higher benefit on your own record. Your former spouse must also be age 62 or older, be entitled to Social Security benefits or be receiving disability benefits. Please visit our Retirement Planner: If You Are Divorced for more information.
rebecca
Hello! I was married for over 10 years. I am 59. If my ex spouse dies, can I file for widow’s benefits at age 60 (and I am still working) then file for my own retirement when I reach full retirement age? I am concerned that I will be locked into a lesser benefit forever if I file for widow’s benefit. Thank you.
R.F.
Hi Rebecca. If your marriage lasted 10 years or more, and you’re the surviving divorced spouse of a person who worked long enough under Social Security, you could get benefits just the same as a widow. A widow can start receiving reduced benefits as early as age 60. If you receive benefits as a widow or as a surviving divorced spouse, you can switch to your own retirement benefit as early as age 62. This assumes you are eligible for retirement benefits and your retirement rate is higher than your rate as a widow, or surviving divorced spouse. In many cases, a widow 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 keep in mind, that there are limits on how much survivors may earn while they receive benefits. You can learn more about getting benefits while working when you read our publication “How Work Affects Your Benefits“. We hope this information helps!
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?
R.F.
Thank you for your question Sam. The amount of benefits your divorced spouse gets has no effect on the amount of benefits you or (if you’re currently married) your current spouse may receive. See our Retirement Planner: Benefits For Your Divorced Spouse for more information.
Phillip
If my x-spouse can file on my social security and is eligible for up to 50 % of mine since I was the larger wage earner. Does my social security amount get reduced by 50% or do I still receive the 100% of the amount?
R.F.
Hi Phillip. The amount of benefits your divorced spouse gets has no effect on the amount of benefits you may receive. Also, her benefit as a divorced spouse can be equal to one-half of your full retirement amount only if she starts receiving benefits at full retirement age. Keep in mind, that 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. Learn more by visiting our Retirement Planner.
Lucy
Hello, Could you please offer some advice on this situation- and let me know if my understanding is correct?
I was married for 16 years to my first husband then divorced, was then subsequently married to my second husband who later died. I am now single. I began collecting widow benefits at age 62 from my second husband. My first husband (who had a higher earnings record than my second husband) recently died at 70- if I want to switch my widow benefits to my first husband will they be reduced because I began taking widow benefits from my second husband at 62? I hope this is clear. Thank You.
Mary K.
My Name is Mary Kay Timmerman, From USA. I wish to share my testimonies with the general public about what this man called Dr. OKITI has just done for me , this man has just brought back my lost Ex husband to me with his great spell, I was married to this man called Steven we were together for a long time and we loved our self’s but when I was unable to give him a child for 6 years he left me and told me he can’t continue anymore then I was now looking for ways to get him back until a friend of mine told me about this man and gave his contact email (drokitihelpinghome@gmail.com ) then you won’t believe this when I contacted this man on my problems he prepared this spell cast and bring my lost husband back, and after a month I miss my month and go for a test and the result stated am pregnant am happy today am a mother of a baby girl, thank you once again the great Dr. Okiti for what you have done for me, if you are out there passing through any of this problems listed below: He can help with all kinds of cure you may need as follows:
( 1 ) Penis Enlargement
( 2 ) Low sperm count
( 3 ) Weak Erection
( 4 ) Love spell
( 5 ) Herpes spell
( 6 ) HIV spell
( 7 ) Pregnancy spell
( 8 ) Marriage for spell
( 9 ) cancer
( 10 ) watering sperm
( 11 ) womb fertilization
( 12 ) penis erection
( 13 ) witch craft attack
( 14 ) s t d diseases
( 15 ) internal heat
( 16 ) rashes
( 17 ) low sperm count
( 18 ) dairy
( 19 ) long time sickness
( 20 ) kidney,heart,lungs,problem
with doctor,DR Okiti you are in safe hands your healing is assured. (drokitihelpinghome@gmail.com)
angie
So I have been married twice once for 19 years the other for 10. Which husband do I receive ss from or both?
R.F.
Hi Angie. 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.
People who have been married more than once, for longer than 10 years, may claim benefits on the record that yields the highest benefit amount. Keep in mind that if you’re eligible for retirement benefits on your own record, we will pay that amount first. Sometimes, a person could be entitled to more than one benefit at the same time and 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 visit our Retirement Planner: If You Are Divorced, then check out our publication, “What Every Woman Should Know” for more important information. Thanks.
Patricia L.
Hello. I am divorced and have been awarded a court-ordered a former spouse survivor annuity under the CSRS. OPM refuses to accept this order by me unless I can provide my ex-spouses civil service claim number.
Can somebody please tell me how to find this number?!?My attorney doesn’t seem to have a clue!
R.F.
Visit http://ow.ly/dhlg30bmQQJ.