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”!
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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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Janice
My ex-husband is 3 years older than me. Can I collect on his SSI when he starts collecting or do I have to wait till I am 65?
R.F.
Thank you for your question, Janice. If you are divorced, but your marriage lasted 10 years or longer, you may be eligible to receive benefits on your ex-husband’s record at age 62. Also, if your ex-husband hasn’t applied for benefits, but can qualify for them and is age 62 or older, you can receive benefits on his record if you’ve been divorced for at least two years. Please visit our Retirement Planner: If You Are Divorced, then check out our publication, “What Every Woman Should Know” for more important information.
Tabatha
My husband passed away in 2012. He was married before me. Can his x- wife receive his security benefits? If so, what does his current wife receive, nothing?
R.F.
Thank you for your question Tabatha. Both of you can receive benefits under your deceased husband’s record.
A divorced spouse of a worker who dies, could get benefits jut the same as a widow, provided that their marriage lasted 10 years or more. The benefit amount paid to a widow and to a surviving divorced spouse does not affect their benefit rates or that of any other survivors that can receive benefits on the worker’s record.
You may qualify for reduced Widow’s Benefits at age 60 (50 if you are disabled).
If you need more information or need to apply, call our toll free number at 1-800-772-1213 Monday through Friday between 7 a.m. and 7 p.m.
Linda p.
Hello, I’m asking questions for my sister. She was married over 10 yrs to a guy that she is now divorced from. She is still working full time and will not collect on her S. S. until she turns 66 yrs. old. She was born 8-23-1952. Her ex spouse receives approx. $660/month from S.S. Can she collect on her ex spouse’s S.S. until she decides to collect on her S.S.? She checked and would receive approx. $906/month if she took S.S. now or $943/month if she takes S.S. at 66 yrs. old . Every little bit would help her make house and car payments , ect. If she could collect on her ex spouse’s S.S. would it negatively impact her in any way(like reduce what she would get at her full retirement age, etc.)? Thanks
R.F.
Individuals born before January 2, 1954 can choose to receive only the divorced spouse’s benefit and delay receiving their retirement benefit until a later date, if they apply for benefits at their full retirement age.
Keep in mind, the maximum benefit your sister can received as a divorced spouse, is one-half of the ex-spouse’s full retirement amount (also, if she starts receiving benefits at her full retirement age). Based on the information you provided, your sister will attain her full retirement age at 66.
Please visit our Retirement Planner for more important information.Thanks!
Karen T.
My Ex-husband died last week in a car accident, I’m 63 years old, he was 63years when he died. We were married for 20 years. We were recently divorced in August of 2017 We were divorced for just over 3 months. I was told by social security I can collect 80% of his Social Security. He made a large income working for the government and his Social security should be close to $3000 a month. I then read online in order to get survivor ex-husband spouse Social security we would have had to be divorced for 2 years? I need his Social security quickly,they filled out the application over the phone not sure if they made a mistake. I was married for 20 years as I said but only divorced for 3 months,he passed away a week ago at age 63years. Please advise me on how to collect his Social security quickly.
blossom m.
my ex pasted away and I get his s.s. if I get married again will I loss his s.s.
Rosemary M.
When my ex husband passed away 4yrs ago, I chose to take his SS because it was higher.. I am 74 and work part time in the summer having SS and Medicare deduction.. However SS said I’m not entitled to any increases because I chose his benefit..How come?
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Lydia d.
Tried calling….an hour wait estimated both times…
Lydia d.
My ex husband died Dec. 1st and I am due his Soc.Sec. benefits.
David M. Schorvitz *** – ** – ***
Lydia (Schorvitz) de Chanov *** – ** – ***
Neither of us remarried, I changed my name for personal reasons.
I was at office with death certificate 12-19-2017 and spoke with blind agent Ms Brash.
She assured me I would get his benefits over 2k.
Confirming
Thank you
R.F.
We are sorry to hear of your recent loss, Lydia. Unfortunately, but for security reasons, we do not have access to personal records in this blog. Please continue working with your local office. If you are unable to visit the local office, you can call our toll free number at 1-800-772-1213, representatives are available Monday through Friday, between 7 a.m. and 7 p.m.
Just a reminder – We do not have access to personal information. Please be cautious about posting personal information on social media. Thanks!