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”!

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About the Author

Doug Walker, Deputy Commissioner, Communications

Deputy Commissioner, Office of Communications

Comments

  1. Darlene W.

    I did not know of the 10 year rule at the time I gave Bobby Cartwright $15,000 of my parents money after 7 years of marriage does mean I cant collect?

    • R.F.

      Hello Darlene, 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.

  2. Darlene F.

    I don’t know my ex husbands SS number. We were married 17 years. How do I know when he dies or becomes disabled?

    • R.F.

      Hi Darlene. The earliest you can start receiving reduced benefits on your ex-spouse record is age 62 or older. Generally, during the initial interview, when you apply for your Social Security benefits, we explore other possible eligibility that could yield you a higher benefit amount. You should be able to provide our representatives with other identifying information about your ex-husband during the interview.
      Please visit our Retirement Planner: If You Are Divorced, then check out our publication, “What Every Woman Should Know” for more important information. Thanks.

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  4. Saray d.

    My husband left me 18years ago I know he continues to work so they tell me L like to find out if I could collect on his social security his name is. Daniel D. I have not seen him in 18years please help me

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  7. helen g.

    very informative. should indicate it goes for both sexes

  8. Lucy W.

    Yes, but what do I do if my ex spouse divorces me and we have a joint checking account and were divorced September 15th and he hasn’t took my no money out of checking account , because he knows and even says its mine ,but then come October 3rd he takes it all out and closes down the account and opens his own account and leaves me penniless . Now do I have a theft case or not cause we were divorced when he took my money

  9. Kathy F.

    My mother is turning 80 and her 2nd husband passed away 4 years ago. She is receiving social security benefits from him but it is very low. She has an ex that she was married to for 40 years how do we find out if she can collect from his social security?

    • R.F.

      Hi Kathy. To find out if she is eligible for a higher benefit than what she’s receiving now, your mother will have to contact us. She can call our toll free number at 1-800-772-1213 (TTY 1-800-325-0778). Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. You will generally have a shorter wait time if you call later in the week. Thanks.

  10. Janice W.

    can i get ss retirement benefits from my first husband. I am not married and meet the criteria. How do I apply?

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