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

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Comments

  1. Emma s.

    Yes hi I am trying to get information on collecting my husband’s Social Security I have been married to him for over 15 years and he passed away and November Clarence Mitchell Alston I want to know what I am eligible for being married to him for that long period of time before I divorced him I did divorce him and I want to know what what I am eligible to get for Social Security from him

  2. theresa b.

    hello…i am 63 and have been receiving my benefits since last year. i have been divorced from my ex spouse since 2005 and we were married for 17 yrs. I am older than he, who just turned 60 last month. can i begin to receive ex spousal benefits on his record before he turns 62? i have tried to access this question and was told i couldnt continue due to something being different on my record, but it did not elaborate what was different. he made much more than i did. thank you for your help.

    • R.F.

      Thank you for contacting us, Theresa. You may be eligible to receive divorced spouse benefits, if your ex-spouse is entitled to Social Security retirement or disability benefits. See our Retirement Planner: If You’re Divorced for other eligibility requirements and more detailed information.

  3. sharon s.

    He was born in Cleveland Ohio and died in Greenville SC Had three sons, Patrick, deceased, Brian and Scott Smith. Can you leave message on e-mail He was born XX-XX, 19XX and died on Feb 5, 2018,

    • R.F.

      Please call our toll free number at 1-800-772-1213 and one of our agents will assist you. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m.
      Generally, you will have shorter wait time if you call later during the day or later in the week.
      You cannot report a death or apply for survivors’ benefits online. See our Survivors Planner: If You’re The Worker’s Surviving Divorced Spouse for more information.

  4. sharon s.

    I was married for 13 years and had three children with Patrick Fred Smith. He died Feb 5 and I need his social security number to claim his benefits which are greater than mine I need this number, my marriage licence records that I have already ordered and his death certificate which I am having trouble getting..What do I do?

  5. Sharon E.

    I receive half of my x husbands social security. I am trying to call to see if he got a raise and I did not in 2018. I am trying to call but it is over an hour wait! Can you call me at 561-870-6789. Thank you.

  6. Laura M.

    Hi, I was married for 5 years and with my ex husband for 7 years. He died in August 2014. Would I be able to collect widows benifits?

    He was 61 yrs ld when he passed.

    Laurie Madruga

  7. Paul M.

    I read previous booklets on divorced spouse benefits:

    My daughter is the second wife of the husband of the first divorced spouse. She meets all the stipulations for qualifying(# of years divorced, etc-23 years married).

    She has Social Security benefits earned on her own.

    I read in the previous booklet,referenced above that both spouses are entitled to receive the husband’s SSA entitlement. I estimate that his pension will be higher than my daughter’s which in that case would allow her to claim her pension based on his pension. I this still the case?

  8. Carol G.

    I would like to apply for my deceased husbands SS. We were married for 33 yrs. he passed 10-31-06. I remarried and have since gotten a divorce. How do I go about collecting my late husbands SS?

  9. monica

    I was married for over 25 years as of June 6,2006 and my divorce was in 2007 Im 56 and was wondering do I get my ex husband social security once he reitres

  10. HOPE M.

    Meranciohope@gmail.com
    I applied for my social security on 2-2-18 And was married to my spouse for more then 10 years. We are divorced now. How and could I still collect from his social security. He is already collecting. He is now in his seventy. How can I apply for his? Please help me. 702 677-4014
    Hope Merancio

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