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”!
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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
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Linda N.
I am currently in the process of divorce. I only draw around 300. mo. I am 74 yrs. old and my question is, could I apply and draw SS from my 1st husband ? My soon to be ex is not retired yet and will continue working for a couple more yrs. I think. I have no idea how much he drew but he is now deceased . We married in Dec 1961 , divorced in Nov 1983.
R.F.
Hi Linda. Generally, If you’re divorced and were married at least 10 years, you may qualify for benefits based on your ex’s spouse record. Visit our Retirement Planner: If You’re Divorced for complete eligibility information.
When your husband (or ex dies), you may qualify for the highest benefit as a widow’s or surviving divorced spouse benefit, as long as you meet all the eligibility criteria at the time of your application. Please call our toll free number at 1-800-772-1213 and speak to one of our agents for further assistance. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Thank you
Merceda C.
My ex-husband is deceased. We were married 11 years. Neither of us remarried. Am I entitled to any military benefits? He was a POW for 7 years before our marriage. He was in the air force for 30 years.
Lola A.
I was told I could still receive social security benefits from my ex husband if I remarry. I was married to my former husband for 27 years.
R.F.
Hi Lola, you may be eligible to receive benefits on your ex-spouse’s record at age 62 if
• You were married to your ex-spouse for at least 10 years;
• You are unmarried;
• 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.
Please visit our Retirement Planner: If You Are Divorced for more information.
folia o.
Mr. Lucado,I agree that decency would be great, but one must concede that all of the Republican candidates who have a viable chance of winning have stooped to the same tactics as Trump and they also claim to be evangelical Christians too (Cruz, Rubio, even Bush who dropped out)yet I don’t see you personally calling them out. Why is that? Also, Mr. Trump is not that different from many professing Christians including some in your pew. You said that this is only the third time in thirty years that you have spoken out politically again someone and each time it’s because you felt the same nudge by God. I must say I’m surprised that as the man many call “America’s Pastor hasn’t felt the nudge by God to present the Gospel to a lost Mr. Trump. Mr. Lucado I hope you will respond.
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Janette R.
I was married to my ex for 14 years. We got divorced and remarried other people. He died in 2016. My current husband is alive and collecting his SS. I’m turning 65 in 2017 and currently not collecting any SS. Can I collect my ex’s SS?
R.F.
Janette, you may be able to receive benefits on your ex-spouse’s record at age 62 if:
• You were married to your ex-spouse for at least 10 years;
• You are unmarried;
• 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.
For more information, please visit our Retirement Planner: If You Are Divorced. Thanks!
Cynthia L.
I have a question. I take care of my aunt who is in really bad health after several surgeries . She cant get around on her own without assistance. Here is the question. She applied for her ex husbands ss benefits as they were married for ten years , divorced, but went back together later and stayed together till he died. Now she doesn’t draw much on her ss but would his. They liked eleven days being married ten years so they turned her down. Can this be appealed. She is in desperate need of this extra money and he would want her to have it.
R.F.
Hello Cynthia, according to our rules, an individual may be eligible for Divorced Spouse Benefits if he or she was legally married to the worker for at least 10 years before the date the divorce became final. Your aunt may be eligible to receive additional assistance from the state where she lives. These services include Medicaid, free meals, housekeeping help, transportation or help with other problems. You can get information about services in your area from your state or local social services office. You can also visit the U. S. Department of Health and Human Services web page for more information.
Natalie H.
Hi I am confused about the age for the divorced survivor. My ex just passed away and he was 65 but still working due to child support. I am 54. We were married 13 yrs. Can I apply for benefits that will just sit until I am at retirement age? Does it mean I have to be 60 at the time I apply? That is still 6 yrs away, isn’t that too long to apply? Is there a window of time to be able to apply but then it closes? thank you
R.F.
Hi, Natalie. If you are the divorced spouse of a worker who dies, you could get benefits just the same as a widow or widower. You could start receiving reduced benefits as early as age 60 (age 50 if disabled). You can apply for benefits three months in advance. For more information, please visit our webpage, Survivors Planner: If You’re The Worker’s Surviving Divorced Spouse. We hope this information helps.
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Maria Z.
October 2, 2017
My husband passed way in 2013 I quick my job in March,2014. I applied for SS benefits I choose to receive my husband’s SS benefits because are higher. I live in Austin, Tx. my question is, I want to move to Mexico City, but i was told that I’ll loose my husband benefits and I was thinking if I can combine my befits with his to get the same amount I receiving now. It could be possible to do this and live in another country? Thanks
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