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. Gertrude L.

    Married #1-1957 to 1968 – 4 kids, now adults-divorced
    Married #2-1970 to 2010 – 1 kid, dead-husband dead in 2010. Husband #1 still alive. Where is form to apply for benefits from #1? Get benefits on my own work record, but his may be higher. I am in wheel chair and in senior care facility. Can not get to Social Security office. Now what?

    • R.F.

      Hello Gertrude. Generally, when you apply for your Social Security benefits, during the initial interview, we explore for other possible eligibility that can pay you a higher benefit amount. To find out if you are eligible for a higher benefit, you can call our toll free number at 1-800-772-1213 (TTY 1-800-325-0778), and speak to one of our agents. You will be asked to provide us with your ex-husband(s)personal information. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m.
      We suggest calling later during the day, or later in the week, when you will generally have a shorter wait time. Thanks!

  2. Jackie T.

    how to apply for my ex husband Social Security benefits

  3. Jackie T.

  4. Jackie T.

    how to apply for my ex’s Social Security benefits?

  5. Linda

    I am disabled and we were married for 22 years I will be 59 the end of the month but I had to stop working before the divorce was final as I hurt my back at my work place so I’m interested in this!!!

  6. MrTakaphan T.

    mr Takaphan jaruhungsin agency.gov, received my benefits retirement plane.gov pay on 03 /28/2018 ,because my birth 03/28/1954! The cost my life, for my wife and me your department pay for now ,! Order on 02/16/2018

  7. Laura V.

    What if you are not sure how much ss your ex gets?

  8. PATRICIA A.

    How can I find out if I’d get more from his retirement than mine?

  9. Michael J.

    I was divorced in 1984 after 13 years of marriage. Each of us remarried, me for 21 years until my wife passed away.
    My former spouse married after our divorce and remained married for 8 to 10 years before the marriage ended in divorce. We are both currently single however I plan to marry again in the next few months.
    If I do remarry but pass away before we have been married 10 years, will my new spouse be eligible for part of my social security benefits? What if we remain married for 10 or more years then I pass away. Will both surviving spouses be eligible for part of my social security benefits?
    Am not sure how this works and would be very grateful if you could help me gain a better understanding of the Social Security survivors benefits in either of these cases?
    Thank you very much for all of the correct information you can help with.
    Michael J Beard
    *** – ** – ***

  10. Linda H.

    I am retired and receive Soc.Sec. I am nterested in receiving benefits as may available under my husbands Social Security. I am 74; he is 78 or 79.
    My second husband and I have been divorced several years.

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