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
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Leona
Even though I do not have enough credits, can I have Medicare under my ex-spouse?
R.F.
If you need information about collecting benefits on your divorced spouse’s record, please read If You Are Divorced. If you need further assistance, call our toll free number at 1-800-772-1213. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Thanks.
KIM S.
My ex is still alive but makes more than I do on her ssi disability, am I still eligible
R.F.
Thank you for your question, Kim. Please visit our Retirement Planner: If You Are Divorced, to see if you meet all the factors of eligibility to receive benefits on your ex-spouse’s record. Also, keep in mind that 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. To see if you qualify for a higher benefit than what you are currently receiving, you may call our toll free telephone number at 1-800-772-1213. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Or contact your local Social Security office directly.
KIM S.
Well it looks like I qualify but I don’t know her ssi number?
R.F.
Please 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. Or contact your local Social Security office directly.
Geri A.
I need to know was married for 25 years and my ex spouse has passed away. How do I go for his S.S. I am receiving on my but know when Ex spouse pass I can received the different. Can you please tell what I need like certs. etc to forms to get this started
R.F.
Thank you for your question Geri. 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. If you already receive retirement benefits, you can only apply for benefits as a widow/widower or surviving divorced spouse, if the retirement benefit you receive is less than the benefits you would receive as a survivor.
You cannot report a death or apply for survivors’ benefits online at this time. To see if you qualify for a higher benefit than what you are currently receiving, contact your local office or you may call our toll free telephone number at 1-800-772-1213, Monday through Friday between 7 a.m. and 7 p.m. and ask a representative to assist you.
Eileen
I went to social sec office and gave them all papers requested they told me i could receive benefits based on my ex spouses record in nov last week they say i need his birth certificate i cannot legally get that and he will not get for me what do i do
R.F.
Hi Eileen. For security reasons, we do not have access to personal records via this blog. Please continue working with your local office and know you can request to speak with the local office manager to see how we can help to expedite resolution of your situation. Thanks.
Diane
My parents were married for more than 10 years. My dad remarried but my mom did not. Mom is over 70 years old now and still single. She already collects her divorced spouse benefits. My dad’s current wife passed away recently. Because of her death, will my mom qualify for more benefits?
R.F.
Thank you for your question, Diane. Based on the information you provide, your mother is receiving divorced spouse benefits on your father’s record. The passing of your father’s wife has no effect in the amount of benefits your mother receives.
Deborah D.
I want to know if I am entitled to get my exhusbands social security even though he died in 2005. I was married to him for 10 years. I did not know his social security number but his name is Glenn David Goodrich born 1/2/50 and he died on May 11, 2005,
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