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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Julia Q.
Hi! My husband passed away at his 65 y.o. and I am only 35. Am eligible for his social security and when I can start receiving it. Thank you
R.F.
We are sorry for your loss, Julia. A widow can start receiving reduced benefits as early as age 60 (age 50 or over if disabled). To report your husband’s death or to inquiry about a special lump-sum death payment, contact your local Social Security office or call 1-800-772-1213. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m.
Virginia T.
I have been receiving benefits based on my ex-spouse’s record. I never worked. What happens when he dies? Does my benefit stay the same, go up, go down? What?
R.F.
Thank you for your question, Virginia. Generally, survivor’s benefits are paid at a higher rate. As a surviving divorced spouse, you could get benefits just the same as a widow. Your survivor benefit amount would be based on the earnings of the person who died. However, if the person who died was receiving reduced benefits, we base your survivor’s benefit on that amount. For more information, please visit our “Survivors Planner: How Much Would Your Benefit Be?” We hope this helps.
Cheryl
I was married for over 10 years and have been divorced since 2007 so the rules apply here. My question … I applied and started drawing my social security at age 62 while working part time. Needed my social security to help me, could not wait for full retirement date. My ex is younger than me. I am age 65 now. When I reach the time I can apply for my ex’s social security will I be able to since I am already drawing my social security? I know the rule is 50% of his. But the question is am I at my limit now by already getting social security?
R.F.
Thank you for your question, Cheryl. Your ex-husband must be of retirement age (62 or older) or be receiving disability benefits for you to qualify and receive benefits on his record. If your ex-spouse does not apply for retirement benefits, but can qualify for them (at age 62 or later), you can receive benefits on his record if you have been divorced for at least two years. 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 benefits in which an individual may qualify for. This would include your divorced spouse’s benefits. 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 you are eligible for retirement benefits on your own record, we pay that amount first. If the benefit on your spouse’s record is higher, you will get an additional amount on that record so that the combination of benefits equals that higher amount. See our Retirement Planner: If You Are Divorced for more information. To see if you’re eligible for a higher benefit amount, you will have to contact us when your husband becomes eligible for his Social Security benefits. We hope this information helps.
Susan D.
This is why Social Security is running out of money! Why should a ex spouse be entitled to use my record. When we divorces there were papers that were signed that state neither of us can lay claim to anything after the decree. Who do we contact to get the changed!
vicki
my fiance died june 2017, we were together for eight fantastic years, he wanted me to get his benefits, we never thought this would happen he was 55, he did not get a divorced, they were only together for under 3 years, can i get any benefits, his 21 year old daughter lives with us, she is a collage student.
A.C.
Hi, Vicki. We are sorry to hear of your loss. In cases where a common-law marriage may be involved, Social Security follows the state laws. To get survivors or spouses benefits you generally must live in a state that recognizes common-law marriage. Please check the laws in your state. For further assistance, 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. Thanks.
Nellie
I am 67 yrs old was married to first husband for 33yrs. I remarried at the age of 56 to a man from England who does not get ss from the usa.. if he should pass before me will I be able to receive my first husbands social security
A.C.
Hi, Nellie. If you are the divorced spouse of a worker who died and you are not married, you could get benefits just the same as a widow or widower. For more information, please visit our webpage, Survivors Planner: If You’re The Worker’s Surviving Divorced Spouse. We hope this information helps.
julie l.
I was married in 1965 . In 2001 we filed for a legal separation. In 2016 we were officially divorced. i have not remarried .
My husband ss is twice mine. Shouldn’t I be eligible for a higher payment?
R.F.
Thank you for your question Julie. Please visit our Retirement Planner: If You Are Divorced, to see if you meet all the factors of eligibility to receive benefits on your ex-spouse’s record. Also, 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. To see if you qualify for a higher benefit than what you are currently receiving, you may call our toll free telephone number at 1-800-772-1213. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Or contact your local office directly.
Dianna J.
SS says I can not get benefits because I am married. I find this descrimation, be married, being in love,a women,Pluse I was supposed to ss 1 mo, before my divorce, on one told my that!!!! I really needed that money . Also found out if you have a child out of welock ss will give you money!!!! The best is a stepfather/stepmother, ss will give them money!! SSA was set up for a man,this is not fair dirty dogs
janet
Querida ramirez
Este hechizo es un hechizo muy poderoso que se llama sobrenatural que tomará dos días para lanzar hechizo en el tercer día de la misma, verás el buen resultado de mi hechizo, no cobro por mi hechizo que pediste sólo para pagar Elementos que se utilizarán para lanzar el hechizo templo de Chamberc. Durante el lanzamiento del hechizo, se le dirá qué hacer. Después de lanzar hechizo te diré qué hacer. Los siguientes son elementos necesarios para el hechizo.
Artículos necesarios
(1) 3 paloma blanca y aceite líquido: 30
(2) Una pieza roja de ropa y caracoles: 40
(3) 2 huevo de águila y 3 calabazas: 20
(4) 5 Ogido hoja amarilla y 7 vela roja, polvo: 50
TOTAL: $ 112 USD
Esperando para oír de usted, porque encuentro su problema muy fácil y usted es muy afortunado que los dioses aceptan lanzar el encanto. Inmediatamente los artículos suministrados lanzarán el hechizo y ella pedirá el perdón y el amor prometió no dejarle otra vez y seguro ella le amará para siempre. No habrá interés en ninguna otra mujer, sino sólo tú y ambos Amará Uno Otro Amor por Siempre Después de mi hechizo bien.
Gracias
Dr Chamberc
Mary
Married 13 years. My FRA benefit would be $2065 on my own work history. I wanted to take one half of my ex husband’s benefit which would be $1,100 when I reach 66 (this year) and defer my SS until age 68 when I would be getting a 2,283 benefit. I have read and read the SS brochure and am still confused.
Is my SS benefit when I reach FRA too much to receive 1/2 of his benefit so I can defer my benefit to age 68?