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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Lisa
Not sure if you are still responding to this feed but If you are I have a question.
I left my husband 27 years ago at a time neither one of us had any money to get a divorce. He met someone else, told me he got an “uncontested divorce by publication” and remarried in another state. I never saw him again. I have tried to find any trail of what he said he did with this uncontested divorce, and it does not appear that he did what he said he did, and we are still married.
Now I am financially able to get a divorce which I will go to a lawyer about shortly, I still have no idea where my husband is.
My question is about social security. Will I be able to draw my FULL benefits when I reach retirement age in 10 years? I’m not even sure what will happen with the divorce, if it will have to be “by publication” because I can not find him. I have heard by getting divorced this way it does not resolve financial matters, So it worries me that something may happen with regards to my social security. I have worked my entire life, and I doubt my husband has changed and probably has not worked and has free loaded from this other wife.
Thanks
James L.
Lisa, the amount of your Social Security benefit will depends on the amount of your average lifetime earnings. We establish and pay your benefit amount first, then we pay benefits to other family members who may qualify on your record. If you have a divorced spouse who qualifies for benefits, it will not affect the amount of benefits you may receive. You can use our Online Retirement Estimator to get estimates on your future retirement benefits. You can also create a my Social Security account to review estimates of your retirement, disability, and survivors benefits; your earnings record; and the estimated Social Security and Medicare taxes you’ve paid.
Cate
My mother and father are currently going through a divorce. My father is 62, mother is 61. The divorce will be finalized in October just as my mother turns 62. My mother has never worked because she stayed at home to raise 4 children. Will she still be entitled to half of my fathers social security even though she has never worked herself? If so, will she be able to file at age 62 or will she have to wait for my father to file?
James L.
Thanks for your question, Cate. Even if your mother has never worked under Social Security, she still may be able to get divorced spouse’s benefits. In order for your mother to be eligible to receive divorced spouse’s benefits on your father’s record, she must be unmarried, age 62 or older, and your parents must have been married for at least 10 years. If your father has not applied for retirement benefits but can qualify for them, your mother can receive benefits on his record once they have been divorced for at least two years. We hope this information helps.
divorcee
I know that, at FRA, a divorced spouse can claim the spousal benefit while letting their own benefit continue to grow until age 70. Does it work the opposite way? Can I apply at FRA and restrict it to my own benefit, while letting my spousal benefit grow until age 70, then switch to the spousal benefit?
Thank you!
James L.
Yes! However, if you qualify for benefits on your own record, we will generally pay that amount first. If you also qualify for a higher amount as a divorced spouse, you will get a combination of benefits that equals that higher amount. If you are eligible for benefits on your own record as well as on your ex-spouse’s record, you may have options when it comes to choosing when to claim each one. To find out how much you are eligible for on each record and to discuss your options, contact us at 1-800-772-1213 (TTY 1-800-325-0778) Monday through Friday between 7 a.m. and 7 p.m., or visit your local Social Security office.
dee
I was married for 11 years, and will be 64 this year. I am currently working. Is it better to start claiming my ex-spouse’s social security now, invest that amount, and delay my benefits until I am 70 or is it better to claim my ex-spouses social security when I turn 66 and delay my benefits when I turn 70?
Thanks!
divorcee
You can’t file a restricted claim until your full retirement age, so if you file now you will get the larger of yours or your ex’s, but there will be no delayed credits.
Sherry
While I was still married, but separated, I began collecting my own SS benefits at age 62. I am now 64 and have been divorced for more than 2 years and my ex will soon be 63. We were married for over 30 years. I understand I can reapply for SS benefits under something called Independently titled divorced spouse. Can you direct me as to how I go about doing this? Is it best to wait unitl I am 65? Thanks so much
Heidi G.
I married my ex back in 2000 abroad, and I divorced him in 2014. I have a divorce my divorce papers in which it is mentioned the date and the year we got married, I can not remember having a marriage certificate little to be in English language. Am I eligible to apply?
Lorenzo D.
Thank you for your question, Heidi. You’ll need to provide us with proof that your marriage lasted 10 years or longer. If your divorce decree shows the beginning and ending dates of marriage, you may be able to use it. All documents you submit must be either originals or copies certified by the issuing agency. We cannot accept photocopies or notarized copies of the documents. For more information about divorced spouse benefits, and to apply online, visit our Retirement Planner: If You Are Divorced.
Susan
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or as credit card charge-offs would.
Sharon R.
If a woman were married 7 1/2 years, then divorced, a week later went back together and lived in Colorado a common law state, planned to remarry but lived common law another 7 yrs 9 mos before marrying again for 1 year 7 months, can she qualify for his Social Security? Can the marriage years and common law marriage years be combined?
James L.
Thank you for your question, Sharon. Unfortunately, your situation is a bit more complex than we can answer in this blog forum. We recommend you contact your local field office. Or, you can call our toll free number, 1-800-772-1213 (TTY 1-800-325-0778) and ask to speak with one of our representatives, who are available Monday through Friday between 7:00 a.m. and 7:00 p.m. Generally, you will have a shorter wait time if you call later in the week.
Randy
I am divorced and my ex-spouse passed away 2 years ago. We were married for 20 year, she was collecting disability when she passed away at age 57. I am 58. Will I qualify for survivor benefits in 2 years at age 60? WiIl this amount be greatly reduced if I continue to work until full retirement age? Thanks for any insight.
James L.
Thanks for your question, Randy. Yes, you will be eligible for reduced survivor’s benefits when you reach age 60 (age 50 or older if disabled). You may be able to begin receiving your survivor benefit at a reduced rate and then, at your full retirement age, switch to your own retirement benefit at an unreduced rate. For more information, check out our Survivors Planner. Also, when you apply for benefits, you will need to let us know if you plan to continue to work, as there are limits on how much survivors may earn while they receive benefits — see our Getting Benefits While Working web page.
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