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.
F. J.
My spouse and I are in the process of a divorce. I am scheduled to receive $1850 in retirement and she is scheduled to receive $850. Will they take half of my pay which will amount to $925 or will they take $500 so that both of us will receive $1350 per month. Thanks for any wisdom you can give me.
Mr C.
My Dad and Mom were married for 10 years, they are divorced now, my Mom never remarried and my Dad is not married at the moment. They are 66 and 65, they both receive SS disability benefits, can my Mom receive “ex spouse” benefits? She’s 65 right now.
R.F.
Thank you for your question Mr. Cruz. Generally, during the initial interview to apply for Social Security benefits, we usually explore other possible eligibility that could pay a higher benefit amount to the applicant. In cases where individuals are eligible for benefits on their own record and divorced spouse’s benefits, we will pay the benefit from their own record first. If the benefit on the ex-spouse’s record is higher, they will get an additional amount on the ex-spouse’s record so that the combination of benefits equals that higher amount. While is possible for a person to be eligible to more than one benefit at the same time, we are only going to pay the highest benefit amount from either records. Please visit our Retirement Planner: If You Are Divorced for more information. To find out if they’re eligible for a higher benefit amount than what they’re receiving now, your parents should call our toll free number at 1-800-772-1213 and speak with an agent. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Or they can contact their local Social security office directly.
Steve
My wife is 63 and currently eligible for approx. $750 per month on her record. At full retirement age 66 I will be eligible for approx. $2700 per month. Can my wife begin collecting on her record now and then change to collecting 50% of my record $1350 when I reach 66 or does her percentage reduce for each year she is under her full retirement age?
R.F.
Thank you for your question Steve. Reduction factors are permanently applied to all benefits an individual may qualify for once they opt to start benefits at age 62 or at any time prior to their full retirement age. Your wife may still be eligible to collect reduced benefits on your record. See our Retirement Planner: Benefit For Your Spouse for more information.
Jahirupa
Thanks for your article.
http://instadownload.parsiblog.com/Posts/213/
BSA
Is there a time limit for ex-spouse benefits? My parents were married 49+ years and have been divorced for 20 years. (Mom age 92, Dad age 94.) Mom has been receiving her SS for many years but half of Dad’s would increase her income a couple hundred dollars, her current income is below poverty level even with half of Dad’s military retirement, we children supplement her income. I have just had to take over my fathers finances and learned about the ex-spouse benefits. Is it too late for Mom to apply for his SS?
R.F.
Generally, during the individual’s initial interview to apply for Social Security benefits, we typically explore other possible eligibility that could yield him or her a higher benefit amount. Keep in mind that if someone is eligible for retirement benefits on their own record and divorced spouse’s benefits, we will pay the retirement benefit first. If the benefit on the ex-spouse’s record is higher, the divorced spouse will get an additional amount on the ex-spouse’s record so that the combination of benefits equals that higher amount. To find out if your mother is eligible for a higher benefit than what she’s receiving now, she can contact us at 1-800-772-1213 between 7 a.m. and 7 p.m. Monday through Friday or visit her local Social security office. While you may be able to assist your elderly mother, please keep in mind that Social Security records are confidential and we do not disclose information, unless we have proper authorization or consent. Having a power of attorney, being an authorized representative, or having a joint bank account with your mother, does not authorize you to access information on her Social Security record. Please see our Representative Payee web page for more information on this topic. We hope this information helps.
eva r.
Please help ;
For almost 4 years now I am receiving benefits
based on the ex husband account , after divorce, after long marriage .
I need right now the letter/document , which says ,
I am having this steady monthly income , and how high it is .
I need it for my taxes , and visa aplication .
I want to retire abroad .
On ss webside I am not able to obtain it , because is based on his (ex) benefits .
Office where I applied for benefits, American Consulate, Guadalajara , Mexico , ignores my emails,
and if anwers, they claim they do not understand my
request . Whom to contact , and how, to be able to obtain needed document ? I live in South America now .
many regards eva
R.F.
Thank you for contacting us Eva. We apologize for the inconvenience and appreciate you trying to use our online services. At this time you must have a U. S. mailing address to create or to access your online account. For assistance related to your Social Security benefits, you need to contact the nearest U.S. Embassy in your area. You can contact them by phone or email. Also, our Office of International Operations home page provides more information to assist our customers living abroad. We hope this information helps!
Eva R.
Dear Mister Fernandez ,
Thank you so very much , for so prompt reply .
Maybe you would be so good to help me a little bit more .
1. I do have an address in USA
2. My problem is , with social security number , because I am getting benefits from my ex husband account .
3. When I enter my ss number,
I am getting message “we can not open an account with ss number you provided” , and ex ss of course has already account with his data .
4. I am contacting consulate in Mexico, Guadalajara,
for many months now , via email,
and for some reasons ,beyond my understanding, I am not able to obtain income verification
letter from them . Hopeless situacion .
please help me
regards eva
R.F.
Hi Eva. We have referred your inquiry to the Office of International Operations. Thanks!
tmcd
Also, I read that you must have an original birth certificate to collect ss. My mother threw out all of our papers decades ago. I do have a copy that I picked up years ago. And it looks as if I will need a marriage certificate. My ex spouse changed his name shortly after we married for business reasons. I will have to get a copy of the marriage certificate, but it will have the old name of my ex on it. Should I do something about this, or does it even matter? I have had my ss card for many years with the name change. Thanks!
R.F.
We may need to see certain documents in order to pay benefits. The documents you’ll need will depend on the circumstances of your claim. We recommend that you don’t delay signing up for your Social Security benefits, even if you don’t have all the documents you need. You can submit any documents you do have. You can provide the missing documents later or we may be able to help you get them. Keep in mind that if you are eligible for retirement benefits on your own record and divorced spouse’s benefits, we will pay the retirement benefit first. If the benefit on your ex-spouse’s record is higher, you will get an additional amount on your ex-spouse’s record so that the combination of benefits equals that higher amount. You can apply for retirement benefits online. Or you can make an appointment for your application to be taken over the telephone or in person at a convenient Social Security office. You can call our toll free number at 1-800-772-1213. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m.
tmcd
My ex spouse is a couple of years younger than me. He did earn more than I did and he worked over 35 years. Is it his full retirement age that I need to wait for to collect the highest amount? I did earn ss on my work record, but his is higher. I was told recently that I could collect on his full retirement when I reach my full retirement age, but I’m not sure if that’s correct. Thank you
R.F.
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 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.
See our Retirement Planner: If You Are Divorced for more information.
Rhonda
Married over 30 years; If a wife dies with groan children from the husband but they never divorced but have been split up for many years, does he get her social security benefits? if so, at what age does he need to wait? if so, can he get remarried to another person who was never married and still be able to receive his deceased wife’s social security benefits if the person he marries made more money than both; the deceased wife and the husband or is it more beneficial for them not to get married at all?
R.F.
Hi Rhonda. If you are the widow or widower of a person who worked long enough under Social Security, you can
start receiving reduced benefits as early as age 60 (50 if disabled). If you remarry before you reach age 60 (age 50 if disabled), you cannot receive benefits as a surviving spouse while you are married. Visit our Survivors Planner for more information. We hope this helps.
Lisa
If you were married twice to the same person, the first time for 4 1/2 years, and the second time for 7 years, would you qualify for benefits? He was disabled during the last marriage.
R.F.
Great question Lisa. A divorced spouse must have been married to the ex-spouse for a period of at least 10 years immediately before the date the divorce became final. This requirement is met if the divorce became final on or after the 10th anniversary of the marriage. This is so even if this period was interrupted by a prior divorce, provided the remarriage took place no later than the calendar year immediately following the calendar year of the divorce.
EXAMPLE: Robert, who married Lois on 5/6/80, was divorced 5/2/86. On 7/7/87, they remarried but were again divorced 9/5/90. The 10-year requirement is met. However, if Robert and Lois had remarried in 1988 instead of 1987 and were divorced again on 9/5/90, the 10-year requirement could not be met. The marriage must be in existence in each of the 10 years before the final divorce in order for the claimant to be entitled.
If you have specific questions about your situation, please call our toll free number at 1-800-772-1213. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Thanks!