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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SUSAN C.
Please OMIT the part in exspousal remarriage rule of:
REMARRIED TO SAME MAN ‘WITHIN ONE YEAR’….
WE LIVED TOGETHER THE WHOLE TIME WHILE I RAISED OUR TWO SUCCESSFUL KIDS….
REMARRIED WITHIN ‘ONE’ YEAR IS RIDICULOUS AS
I WAS MARRIED TWICE FOR 19 YEARS!!!
AND “IN EACH OF TEN YEARS” PLEASE HELP, I AM DISABLED COLLEGE GRAD ON $733 PER MO…
Mary L.
I was married 20 years and was abandoned with my children. The reality of this has left me struggling financially to keep up. This post gives me hope and the widow’s benefit would help greatly. Is there a cut off period for applying after the death of a former spouse?
Thank you!
R.F.
Hi, Mary Lou. If you are the divorced spouse of a worker who dies, you could get benefits just the same as a widow or widower, provided that your marriage lasted 10 years or more. See our Survivors Planner: If You’re The Worker’s Surviving Divorced Spouse web page for more information.
Barbara p.
My ex husband passed away and We was married for 12 years and I never remarried I am 40 and he was 46 do I get any benefit
R.F.
hello Barbara. If you are the divorced spouse of a worker who dies, you could get benefits just the same as a widow or widower, provided that your marriage lasted 10 years or more. A widow or widower can start receiving reduced benefits as early as age 60 (age 50 if disabled).
Kathryn H.
Can I collect on my ex husband who was abusive that’s why we divorced at 8yrs, can I still collect social security.
R.F.
Thank you for contacting us, Kathryn, 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 before the date the divorce became final.
Clifton W.
Does the amount of SS claimed by my ex-wife affect the monthly benefit that I receive or is it only based on the amount of my SS benefit, without affecting the benefit ??
R.F.
Thank you for your question, Clifton. The amount of benefits your divorced spouse gets has no effect on the amount of benefits you or your current spouse may receive.
Timothy E.
Here is my situation:
– Married 29 years
– Divorced her 2 years ago this coming Feb, 2018. She picked up a nasty gambling habit.
– Born 12-09-1954
– Retired military, she gets $289.00 of it
– Currently at 60% disability
– Retired post office, she gets half of it.
– Because of health issues opted for early SSI at 62 years.
– She is still working and has reached her max as I have. She cannot afford to retire as I was able to.
Am I entitled to a portion of her SSI??
R.F.
Hi Timothy, your ex-wife must be of retirement age (62 or older) or be receiving disability benefits for you to qualify and receive benefits on her record. If your ex-spouse does not apply for retirement benefits, but can qualify at age 62 or later, you can receive benefits on her 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 ex-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. We hope this information helps.
LILLIAN
MY HUSBAND DIED JUNE OF2007, I NOW DRAW DISABILITY AND WIDOW BENEFITS WILL MY WIDOW BENEFITS INCREASE WHEN I TURN 65.
Cherie T.
What if the spouse has remarried?
R.F.
Hi Cherie. If you meet all the factors of eligibility, you could be eligible to receive divorced spouse benefits on your ex-spouse’s record, even if he has remarried. Please visit our Retirement Planner: If You Are Divorced for more information.
Nancy B.
My mom was married to my dad for 17 years. She remarried a teacher who took the full teachers benefit during his lifetime and this provides nothing for my mom should he pass before her. Would my mom be eligible to collect on my fathers social security if my step father passes before she does? Thanks
R.F.
Hi Nancy! Generally, If you’re divorced and were married at least 10 years, you’re eligible for benefits based on your ex’s spouse record. 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. It is possible for a person to be eligible to more than one benefit at the same time. However, we are only going to pay the highest benefit amount from either records – meaning that the beneficiary is only allowed to receive one payment. We hope this information helps.