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”!

Did you find this Information helpful?

Yes
No
Thanks for your feedback!

Tags: , , , , ,

See Comments

About the Author

Doug Walker, Deputy Commissioner, Communications

Deputy Commissioner, Office of Communications

Comments

  1. Tracy Y.

    Curious, living in California if by having a signed/witnessed Last Will and Testament showing beneficiaries to my SSI as being my children- can I legally block my spouse(ex) from getting any of my SSI.

  2. Deborah S.

    Help me decide if I am available for spousal support.

  3. Deborah S.

    Can I qualify for exspousal support. Two marriages ending in divorce after over 10 years of marriage?

  4. Debra S.

    I married in the year 1996 o July 13. The divorce was final on April 1st 2006. Am I entitled to ssi benifits. He is also a veteran . Can you help me find out what I’m entitled to?

    Thankyou
    Debra Swenson

  5. Robin F.

    I retired in 2015 and so did my ex-husband. He makes about $600 per month more than I do. The SS office said I was not eligible to receive any of his for some reason I do not understand. Said that when he dies I will be able to draw on his also. I do not understand. Please help.

  6. Karen M.

    I was never notified that my ex divorced me (I just found out we were married for 9 years 9 months). Can I still collect on his social security since he passed away 5 years ago? I am 61. I read something about the divorce not being legal if a person wasn’t legally notified. Thank you.

  7. Karen M.

    I was married for 10 years (9 years and 9 months) to my ex-husband who died. Would I still be eligible for his social security benefits?

  8. Barbara A.

    If your ex spouse died before retirement age can I still collect his social security.

  9. florist

  10. florist

Comments are closed.