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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Amanda P.
Good AFternoon:
I was married for 21 years and have been divorced for 12. My ex-husand was military and now works for the State. How do I find out if he paid into social security and then if so, I can claim at 62 on his social security benefits.
I do have his social and full name.
Thank you.
Amanda Pearson
phelps
HI I was married for 15 yrs had a really nasty divorce 15 years ago. My children are all 20 and up . i am getting disability my ex-wife remarried . she is 50 and i am 63 can she get my benefits? she claims i have back child support witch i have proof i paid it all can she also get my disability for that?
R.F.
Hi, if you are divorced, your ex-spouse can receive benefits based on your record (even if you have remarried) if:
•Your marriage lasted 10 years or longer;
•Your ex-spouse is unmarried;
•Your ex-spouse is age 62 or older.
Visit our Retirement Planner: Benefits For Your Divorced Spouse for more information, thanks!
Vicki r.
So when my ex spouse passes away I will get as certain amt of money if his social security amt is higher than mine and then my amt is discontinued ?
R.F.
Hi Vicky! Sometimes, a person may be entitled to more than one benefit at the same time and may receive a combination of benefits equaling a higher amount. For example, a person may be entitled as a retired worker on his/her own record and as a spouse or a widow (surviving divorced spouse) on another record. However, a person’s benefit amount can never exceed the highest single benefit amount to which that person is entitled.
See our Survivors Planner: If You’re The Worker’s Surviving Divorced Spouse for more information.
Vicki r.
Ok does it matter if he remarried
Dennis B.
Okay, I am the ex husband who iniiated the divorce over six years ago. But harships have hit us on both ends. I do not make enough income right now, therefore I send at least 1/3 of what I earned to my ex spouse. What am I supposed to do when I can’t afford what I started with. Also, how long must I continue to pay her alomony. I’m in a new relationship now, but it’s alot of weight to carry on my shoulders, trying to live my own life. I was married to my ex for over the 10 year period. Divorce was final since Dec. 5th, 2011.
Arl
If a second wife passes away, who gets her social security? The husband passed many yrs ago and the first wife is living. What happens to the social security? Thank you. A rl
Cory
Can you claim early benefits (62) off ex spouse then claim full retirements benefits off yourself at 67?
Joyce B.
I have been divorced for 7 yrs from my ex. I have been on SSDI for 8 yrs. He is not yet 50 .I am 59. He is ok enough to receive SSI yet. But my disablity is not enough to live. So can I receive anything from his coming benefits. ? Just wondering
R.F.
Hi Joyce! If you are divorced and your marriage lasted at least 10 years, you may be able to get benefits on your former spouse’s record.
See If You Are Divorced for more information.
Virginia A.
Ok Need a little help please, I had a spouse that I was married to for 37 years, we divorced and I remarried and I was married for another 17 years, My 2nd husband passed and then my ex husband passed! I have been in the teaching field and they are telling me that I have 19 units which is not enough to collect social security, SO can I collect on one or both social security? I had more earning than either spouse in the TRS system, Am I able to claim either or One spouses? Thanks so much Virginia A Patten
R.F.
Hi Virginia. A pension based on work that is not covered by Social Security (for example, Federal civil service and some State or local government agencies, such as police officers and some teachers) may cause the amount of your Social Security benefit to be reduced.
Your Social Security benefits can be affected based on one of two provisions. Your own Social Security benefit can be reduced based on the Windfall Elimination Provision. Your spouse’s, divorced spouse’s, surviving divorced spouse’s or widow’s benefits under Social Security may be affected by the Government Pension Offset.
We hope this information helps!
Carol
I am 58 yrs and below low income. Any exceptions to file a claim now because I am low income and can barely so months. Do I qualify because I am low income???
R.F.
We pay disability benefits through two programs: the Social Security disability insurance program (SSDI) and the Supplemental Security Income (SSI).
SSDI pays benefits to those with a disability that is expected to last at least one year or result in death, providing the person has worked and paid enough into the Social Security program.
SSI is a needs based program that pays benefits to people with limited income and resources and who are disabled, blind, or age 65 or older. Blind or disabled children may also get SSI.
The earliest you can apply for reduced retirement benefits is age 62.
Some individuals may be eligible to receive social services from the state in which they live. You can get information about services in your area from your state or local social services office. Or you can visit the U. S. Department of Health and Human Services web page for more information.
We hope this helps!
Mary H.
I was married for 9 years 11 months and 20days. Is there a way to appeal for benefits for my ex husbands social security benefits?
R.F.
Hello Mary, current law allows for an individual to be eligible for Divorced Spouse Benefits -at age 62-, if he or she was legally married to the worker for at least 10 years before the date the divorce became final.