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
See CommentsAbout the Author
Doug Walker, Deputy Commissioner, Communications
Deputy Commissioner, Office of Communications
Comments
Comments are closed.
Estela
If im disabled, 57yrs old but my husband is 54yrs old, still working and we are getting ready to divorce can I withdraw from his social security benefits now?
R.F.
Hi Estela, you may be able to get spouse’s retirement benefits if you are at least 62 years of age and your spouse is receiving retirement or disability benefits. You may want to get information on what happens “If You’re Divorced“. We hope this helps.
karin
During my time of difficulty and sorrow, I was able to find refuge and solution in the hands of Dr. John through his act of spells that he was able to bring my ex husband back within 72 hours. The first time I read an article on Dr. John I was wondering if all the things I read about were true. But since I was desperate to getting my lover back, I had no choice but to contact Dr.john via email: (matrimonio.de.solutio@gmail.com) And to my greatest surprise I was able to getting a positive result that got me shocked because my ex husband called me within hours that I contacted Dr.john. Today we are living happily as husband and wife. Thanks to Dr John.
Rhonda
I’m divorced (27 years married) age 62 and still working. My ex is 66 and retired, receiving S.S. I was told I could not receive anything, because I have a retirement plan through my employer. If I retired now, I would only receive 850 through my retirement plan. Why can’t I draw off my ex’s S.S.?
R.F.
Hello Rhonda, 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.
Keep in mind that if you continue to work while receiving Social Security benefits and have not yet attain your full retirement age, the retirement benefit earnings limit still applies. Also, if you receive a pension based on work not covered by Social Security, such as government work, your Social Security benefit on your ex-spouse’s record may be affected. Please visit our Retirement Planner: If You Are Divorced for more information. Thanks!
Maggie D.
Yes I’m already getting SSI and I’m 57 my ex husband is 64
Maggie D.
My ex husband became disable in 2016 and gets more a month than I get since I too get disability. Can I draw some of his Disability.
R.F.
Hello Maggie, 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!
April
I’m 47 and been merged over 24 years but been separated he just passed away is there anything I can draw SSI or disability
R.F.
Hi April, if you are the widow of a person who worked long enough under Social Security, you could receive reduced benefits as early as age 60 (age 50 if disabled).
Adrien
Hi was married to my ex-husband for 13 years. He turned 62 on 9/15/15 which is before the change was made to “deem” benefits. How can i find out if he is receiving benefits and if he is, can I apply as an ex-spouse and receive benefits before I turn 62? I’m 59.
R.F.
Hi Adrien, if your marriage lasted 10 years or longer, you may be eligible to receive benefits on your ex-spouse’s record at age 62 or older. See our Retirement Planner: If You’re Divorced for other eligibility requirements and more detailed information. Thanks!
Cathy C.
THank you this was very helpful
Debbie
Can I have both my SS and a portion of my ex-husband’s SS?
R.F.
Hi Debbie, if your marriage lasted 10 years or longer, you may be eligible to receive benefits on your ex-spouse’s record at age 62 or older. See our Retirement Planner: If You’re Divorced for other eligibility requirements and more detailed information. Thanks!
Bonnie
I am legally separated from my husband he wants his share of my monthly retirement from the state our agreement was after I paid off all our bills since I couldn’t trust him to do so then I could decide how to divide the monthly money. He has asked for me to start sending some money now. I don’t have a problem with this but I want to pay taxes only on what I have after giving him a set amount how do I do this