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. Doris H.

    My mom is 87 years old. She has been separated from her husband over 60 years. Is she eligible to collect her husbands social security benefits without knowing his social security number. She has their marriage certificate and marriage application, but his social security number is not listed. Don’t want to make a unnecessarily.
    These kinds of questions are not listed in the website questions.

    • R.F.

      Hello Doris. Generally, during the initial interview to apply for Social Security benefits, we typically explore other possible eligibility -such as spouse benefits– that could yield the claimant, a higher benefit amount. Your mother can call our toll free number and ask one of our agents to assist her. We’ll ask other information about her husband and check to see if she is eligible for a higher benefit than what she is currently receiving. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. We hope this helps!

  2. Tom F.

    I am 63 years old and want to retire this July (2018) I will be 66 May of 2019. Can I collect from my ex-wife’s SS until I am 66? We were married for 27 years and she eared more money during our marriage than I.

    • R.F.

      If you were born in 1955, your full retirement age is 66 and 2 months. If your birthday is January 2, 1954 or later, the option to take only one benefit at full retirement age no longer exists.
      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.
      See our Retirement Planner: If You’re Divorced for more information. Thanks!

  3. Maria M.

  4. Maria M.

  5. Kristin K.

    I will be eligible for full retirement next year 2019, which I plan on taking advantage of. I was married for 14 years, and have been divorced for 15 years. I know what my own benefit amount will be, but how do I find out the benefit amount of my ex-spouse? I need to know in order to know whether it is more financially advantageous for me to collect my own social security benefit amount of half of my ex-spouse. If I have his social security number, can I find out that way?

    • R.F.

      We cannot release any information from a person’s Social Security record. The Privacy Act prohibits Federal agencies from disclosing personal information without the person’s consent. To learn more, please visit our Privacy Program Webpage.

  6. Shirley

    I would like to no what I am eligle thru my ex-husbands benefits….

  7. Lynn J.

    Does this mean I can either collect my social security or his if I forgo my social security? Would I get the full amount that he would receive? I’m 65 and my exhusband is 68. We were married for 25 years. I remarried but divorced in Feb. of 2017.

    • R.F.

      Hi Lynn, 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. See our Retirement Planner: If You’re Divorced for more information. Thanks!

  8. jodi C.

    What if I am 8 years younger and only 56? I still have to wait to get that Schmucks money when I am 62? Please let me know.

    Thank you.
    Scorned but better off! 🙂

    • R.F.

      Hi Jodi. The earliest age you can apply for reduced retirement benefits is 62. You can use our Retirement Planner to learn more about how you qualify for Social Security retirement benefits. Also, we suggest you create a “my Social Security” account to review your earnings record and get an estimate of your future benefits. We hope this information helps!

  9. Michelle

    My ex husband recently died. He was paying his child support for our 2 children through his disability benefits. Are my children still able to receive anything?

    • R.F.

      When you qualify for Social Security disability benefits, your children may also qualify to receive benefits on your record. Also, children may be eligible to receive Social Security survivors benefits on their deceased parent’s record. See our Survivors Planner web page for more information.
      Please call our toll free number at 1-800-772-1213 for further assistance. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m.

  10. Maria M.

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