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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Chris
I was married to my first wife for 14 years, we divorced and I re-married 5 years later and have been married for 18 years. I and my current wife are both retired. I and my wife we both draw on our soc sec along with a pension. If I die, which wife gets my soc security ?
Ray F.
Chris, both your ex-wife and your current wife could get benefits. Since you were married to your first wife for more than 10 years, she could receive Surviving Divorced Spouse’s benefits. And your current wife could qualify for Widow’s Benefits. Thanks for your question!
Carol
What is the effect of a domestic partnership (NYS) on divorced widow’s benefits?
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Frank G.
I started collecting Disability about 10 Years ago. I am 66 now. My Ex wife collects Disability, She was a nurse for 30 years. I only get 976.00 per Month, She Gets the full amount. Could I collect off of Her’s? We are friends and as long as it doesn’t interfere what she is getting I’m interested in finding out.
Ray F.
Good for you Frank and a great question. To be eligible for divorced spouse’s benefits, you had to be married to your former spouse for at least 10 years, and you cannot be eligible for a higher benefit on your own record. The maximum benefit you can receive as a Divorced Spouse is equal to one-half of your ex-wife’s disability benefit amount, and it does not affect her benefits at all. Hope this helps!
CH
https://secure.ssa.gov/poms.nsf/lnx/0300202005
Many people do not understand the rule regarding a remarriage of the same individual, that can allow the two unions to be combined to total the necessary 10 years. And, SSA and other references do not incorporate this information in the commentaries that they provide. If would be helpful for someone in the SSA to explain this topic, too.
“A divorced spouse must:
•be finally divorced from the NH; and
•have been married (as defined in RS 00202.001A.1.) to him or her for a period of at least 10 years (for benefits prior to 1/79, the requirement was 20 years) immediately before the date the divorce became final. For benefits payable prior to 1/1/91, the 10-year duration must be based on a legal or putative marriage. However, after 12/31/90, credit can be given for a deemed marriage towards the 10-year period.
“This requirement is met if the divorce became final on or after the 10th anniversary of the marriage. This is so even if this period was interrupted by a prior divorce, provided the remarriage took place no later than the calendar year immediately following the calendar year of the divorce. Even when this requirement was not met with respect to the claimant’s last divorce, she or he may qualify based on a 10-year period of marriage immediately before a prior divorce.
“EXAMPLE: Robert, who married Lois on 5/6/80, was divorced 5/2/86. On 7/7/87, they remarried but were again divorced 9/5/90. The 10-year requirement is met. However, if Robert and Lois had remarried in 1988 instead of 1987 and were divorced again on 9/5/90, the 10-year requirement could not be met. The marriage must be in existence in each of the 10 years before the final divorce in order for the claimant to be entitled.”
Concerned D.
I am trying to help my mom make the best retirement decision. She has cancer but was rejected for disability but is still unable to work. Therefore we are looking into the non-disability route.
She was married to my dad for over ten years and he is already receiving social security. My mom is 60 (born 1954) and has her own work history but my dad definitely did earn more throughout their marriage. Is it possible for my mom to apply for spousal benefits through my father’s work history at age 62 and then switch to her own benefits at age 70? I have read a lot about the divorced spouse filing for spousal benefits at 66 (FRA) and then their own benefits at 70. However, my question is specifically regarding whether if she filed at age 62 (with the 30% reduction) for the spousal benefits would that then reduce her own work history benefits by 30% at age 70. Thanks!
Ray F.
Thank you for your questions. If your mom was recently denied disability benefits, and if she does not agree with our decision, see how to “Appeal A Decision” and help her file an appeal online. She must request an appeal within 60 days from the date she received the denial notice.
In regards to her Retirement or Divorced Spouse benefits, keep in mind that if your mom qualifies on her own record, we pay that amount first. But if she also qualifies for a higher amount on your father’s record, she’ll get a combination of benefits that equals that higher amount. The option to apply on her ex-husband’s records and then switch to her own is only available if she waits to apply and receive benefits at age 66 or her full retirement age. We hope this helps!
John M.
My ex wife receives about $1,400 for disability benefits. We were married for about 15 years. We have been divorced for 5 years. She is 62 years old. I will be 65 this year. I worked for about 14 years in private industry, since then, teacher. If I retire with a teacher’s retirement…can I get the same amount as her from social security? I am confused about the “Windfall Teacher Retirement” rip off. If I worked for 14 years plus summers for 20 years, why can’t I get full SS benefits?
Frustrated with system.
Ray F.
Hi John, 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 benefits can be reduced based on one of two provisions. Your own Social Security benefit can be reduced based on the Windfall Elimination Provision. If you are divorced and qualify for benefits on your ex-spouse’s record, your benefits may be affected by Government Pension Offset.
If you are not already getting retirement benefits, you should contact us about three months before your 65th birthday to see if you qualify for Medicare
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Monique G.
Hi,
I was married 39 years
I have been divorced for 15 months.
He is 60 and I am 63. Since we lived abroad he has paid in full his retirement credits of 40. I only have 24 credits. I understand the requirements are: you can file for benefits 2 years after divorce, you have to have been married for at least 10 years. My question is do I have to wait til he is 62 to file for my benefits which would be two years from now?
Thank you for your help.
Ray F.
You are right on both counts Monique, and yes, your ex-husband would have to be of retirement age (62 or older) for you to apply and receive Divorced Spouse benefits on his record.
jan S.
If I was married for less than 10 years, then divorced my spouse, but cared for his children, then he died, and the children were both under 16 at the time of his death (and I still cared for them alone), I understand that I was probably eligible for SS benefits. I did not apply at that time however, not knowing that I was eligible. Both of the children did apply and got dependent survivor benefits till they were 18. Can I now apply for survivor benefits since I cared for the under-16 children? Or do I not have any rights to ‘divorce spouse’ survivor benefits because I was not married for 10 years, even though I cared for his children for their entire lives. Thank you.
Alice
Why is it no one answered Jan’s question. My situation is almost identical to hers. I struggled for years as the sole support for our children. My ex never provided one penny of support. Eventually my son received social security based on my father’s earnings and was able to help pay some of the bills but he passed away suddenly and without the small amount he was able to contribute, I am in worse shape than I was when they were children.
Alice
On top of that my ex was in the military and they did nothing to force him to provide for his children.