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
Comments
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ALG
Hi, I was married for 20 years and was a homemaker with no earnings. I divorced in 2000 and re-entered the work force and have had some really good paying jobs. Can my former spouse claim benefits earned after our divorce?
R.F.
Hello, according to our rules, at age 62, an individual may be eligible for divorced spouse benefits if he or she was legally married to the worker for at least 10 years. See our Retirement Planner: If You’re Divorced for other eligibility requirements and more detailed information.
Jorge B.
My Grandmother is a Resident alien and she is 80 years old, my grandfather left her and married another woman here in the USA (without divorcing my grandmother in mexico) can she get benefits? it is probable that the other woman is getting benefits as the wife
Terri
Hi, I will be entitled to benefits on my ex husbands record. I am trying to plan for my retirement at 65 but I do not know what value his record is. I know it is higher than mine as we were married for 30 years. How might I find out what the estimated benefit is so that I can plan my future finances?
Joan
Thank you. I have a follow-up question. As I previously mentioned, my ex-husband and I divorced after 15 years of marriage. He’s currently 59, and I’m 65. If I start to receive social-security benefits based on my own earnings record before I reach full-retirement age (66), will that reduce the amount I can later receive based on my ex-husband’s higher earnings? In other words, if I start receiving benefits based on my own record before I’m 66, will that lower the percentage of my ex-husband’s benefits for which I qualify once he reaches age 62 (so that the percentage will be lower than the maximum 50%)?
R.F.
Hello Joan! If a person begins to receive Social Security benefits 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. Keep in mind that your benefit as a divorced spouse can be equal to one-half of your ex-spouse’s full retirement amount, only if you start receiving benefits at your full retirement age. Also, 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.
Please visit our Retirement Planner: If You Are Divorced for more information. You can call our toll free telephone number at 1-800-772-1213 for further assistance. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Thanks.
Joan
My ex-husband is 59 years old. I’m 65. We were married 15 years before we divorced. Neither of us has remarried. If, at age 66, I start receiving social-security benefits based on my own earnings record, can I later switch to benefits based on my ex-husband’s higher earnings (when he reaches age 62, at which point he’ll be eligible to receive social security)? In other words, if I start receiving benefits based on my own record, can I later apply for additional benefits based on his record?
K.O.
Hello Joan. Thank you for your question. As you rightly noted, your ex-husband would have to be of retirement age in order for you to receive benefits on his record. Secondly, since you worked and are insured on your own record, we will pay that benefit 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 read our web page, “If You Are Divorced”. Hope this helps.
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Dixie
I am 60 years old and have been divorced for over 20 years. I have never remarried. i understand I can draw on my Ex spouse’s SS when I’m 62. If I’m working would I still be able to draw or would there be a limit put on what I can make and still draw? Also, can I get married since I am 60 and still draw?
K.O.
Hi Dixie. Thank you for your questions. To be eligible for divorced spouse benefits, your prior marriage had to last for at least 10 years. Generally, If you worked and are insured on your own record, we will pay that benefit 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 read our web page, “If You Are Divorced,” at http://www.socialsecurity.gov/retire2/divspouse.htm.
As to your second question regarding working and drawing benefits, If you are younger than full retirement age during all of 2017, we must deduct $1 from your benefits for each $2 you earn above $16,920. See how work affects Social Security payments at: http://www.socialsecurity.gov/pubs/EN-05-10069.pdf.
Lastly, if you are receiving divorced spouses benefits, getting married will terminate those benefits. We hope this helps.
Budly
As per above, I should have added that I don’t have any SS record of my own, so his will definitely be more that mine!
Budly
My ex-husband, to whom I was married for 13 years, died several years ago at age 50 (we had been divorced 2 years at that point). Can you give me a rough idea of how my benefits are calculated? I am not remarried. I will likely have to start collecting at age 62. Do I get 100% of his benefits? And how are widow’s benefits calculated when the “clock stops” due to a death like that?
K.O.
Hi Budly. Thank you for your question. Surviving divorced spouse could get the same benefits as widow or widower, provided that the marriage lasted 10 years or more. The benefit amount for a surviving divorced widow is a percentage of the deceased’s basic Social Security benefit. The percentage that you will end up receiving will depend on your age when you elect to start receiving it.
Generally, A widow’s benefit at age 60 is 71.5% of the deceased worker’s basic benefit amount. A widow that files at full retirement age is eligible for 100% of the deceased worker’s benefit amount.
Although you can file for surviving divorced widow’s benefits at age 60, keep in mind that it would be reduced because you are not yet your full retirement age.
Please visit: Survivors Planner: Benefits For Your Surviving Divorced Spouse 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. Hope this helps.
Julie
I am 62 and can draw my own benefits. I am also older than my ex spouse. Am I allowed to drop my benefits and switch over to draw off of my ex spouse once he reaches 62?
A.C.
Great question, Julie. 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 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. Unfortunately, these reduction factors are permanently applied to all benefits in which an individual may qualify, this would include your divorced spouse’s benefits. Also, keep in mind that 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 ex-husband turns 62. We hope this information helps.