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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Charr C.
I am 83 yrs old, worked all my life my SS is $836. married for 17 yrs. My ex is still alive at 80 but poor health. I believe he makes $1400. month on SS. How much of this would I receive in his passing?Do I have to have his death certificate or does SS know when he passes.
Suzanne G.
If you have a legal separation can you qualify for exspouses benefits at age 66years old?
Judy S.
I am already receiving social security on my own record. I am 68 years old I have two exhusbands that I was married to for 10 years or longer. Can I increase my benefits by claiming on either of these exspouses. I was still married to my second husband when my benefits were figured. Can I claim on my first husband since I am now divorced from the second husband. Both exspouses are still alive.
Linda
I am divorced for 5 years and previously married for 31 years. My ex-husband will turn 62 in April 2018. I will turn 62 in July 2018. He plans to take his SS benefits at full retirement age at 66. Can I elect to start taking my SS at 62 and switch to his at 66 (50%) which is greater than mine. Or, can I take his at 62 even though he will continue to work and not take his SS benefits until age 66? If I take his (50%) at 62 will the amount I receive increase to the higher amount at age 66?
R.F.
Thank you for your question, Linda. If your birthday is January 2, 1954 or later, the option to take only one benefit at your full retirement age no longer exists. Also, if your ex-husband has not applied for retirement benefits, but can qualify for them (at age 62 or later), you can receive benefits on his record if you have been divorced for at least two years.
If you decide to apply for your retirement benefits at age 62, we can check to see if you qualify for additional benefits on your ex-spouse’s record. Visit our Retirement Planner: If You’re Divorced to learn more.