Disability, General, Retirement, Survivors

Ex-Spouse Benefits and You

May 14, 2015 • By

Reading Time: 2 Minutes

Last Updated: March 28, 2022

A worried woman holds her ring finger- she's been through a divorce.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”!

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About the Author

Doug Walker, Deputy Commissioner, Communications

Deputy Commissioner, Office of Communications

Comments

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  3. Judy

    How many ex-spouses (who qualify by age and length of marriage) can receive the spousal benefit? Example: I have a friend who has been married 3 times – all over ten years. Divorced from two of them. Are each of these spouses eligible for spousal benefits?

  4. Debbie G.

    I was married for 13yrs to my ex-husband he was in the service and retired 20yrs, can I claim his military S.S.

  5. Julia W.

    sometimes I think not I’m schizophrenic bipolar manic depressivecompulsive disorder. I feel like people hate to hear me talk.I hear things different than they do I don’t hurt anyone just myself not physically just emotionally I have issues with God. But i do pray i”m saved

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  8. Dena M.

    Divorced after 24 yr. of marriage. My husband is 100% disabled vet. I’m 74 and he will be 74 this month. Disabled vet.sence 2001 and on ssi as 1998. I retired with 25 yrs. and he with 29 years. (Worked at same factory). His ssi is about 900.00 more than mine. Plus he get disable vet. Ck. and Retirement. Pension. Could I recieved the different in our income from s/s….??? Thanks

  9. Diane V.

    I was married to my ex husband for over twenty years. He is now retired. I am 73 will be 74 next month and am receiving social security will I be able to collect the difference of his social security? I was told originally he would have to be deceased.

    • ..

      Thank you for your question. If you were married for more than twenty years, you should already be receiving “Divorced Spouse’s” benefits based on your ex-husband’s earnings. We associate and pay all benefits that you are eligible for during your initial application process at age 62 or later.
      You are also likely to qualify for “Survivors” benefits if your ex-spouse passes away. Survivors benefits are paid at a higher rate.
      To be sure about the benefits you are receiving, or if you have specific questions, you can call our toll-free number 1-800-772-1213 (TTY 1-800-325-0778). Representatives are available between 7 a.m. to 7 p.m. Monday through Friday, but you will generally have a shorter wait time if you call later in the week. Hope this helps!

  10. Elise

    I am 64 years old and receiving disability. My ex-husband is 5 years older than I am and is retired. How do I determine if it is more advantageous for me to remain on disability or apply for his retirement benefits . . . or could the two payments combined in some way?

    • ..

      Thanks for your question, Elise. If you are receiving benefits based on your own record, we will pay that amount first. However, if you also qualify for a higher amount as a divorced spouse, you will get a combination of benefits that equals that higher amount. It may be helpful for you to visit our “If You Are Divorced” web page. To find out how much you are eligible for on each record and to discuss your options, contact us at 1-800-772-1213 (TTY 1-800-325-0778) between 7 a.m. and 7 p.m., Monday through Friday or visit your local Social Security office. We hope this helps.

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