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
See CommentsAbout the Author
Doug Walker, Deputy Commissioner, Communications
Deputy Commissioner, Office of Communications
Comments
Comments are closed.
Joll
I need help my ex spouse pass away in 2 yrs ago married to him 13yrs.I got married again 2 yrs later my ,second marriage was abusive my second husband died of cancer.we been married less then 10yrs about 4 or 5 yrs not sure.I trying to collect on my first husband social security I sent in all the papers needed except for divorce papers on my second matriage. When I filed for divorce through the courts they said everything was taken cared of but I never receive any divorce papers.I font know or remember when I filed for divorce from Glenn pohina my second husband so I’m stuck o don’t know what to fo. They did not send me. Back marriage papers I had sent social security last year in I think April not sure. So please tell what I should do the person that help me I can’t get a hold of them.I need help on what I should do next..
Jody Z.
I am an ex-spouse of someone that passed away 2 1/2 weeks ago. We were married for 28 1/2 years. I am inquiring about the process and how to proceed forward with this benefit.
Marc B.
My mother was legally married to my father, a high wage earner, for over 10 years. They divorced. My mother later remarried. When she retired, she was married to her second spouse and she applied for Social Security benefits based on her own earnings history. My mother recently divorced her second husband. Can she now apply to receive benefits based on her first ex-husband’s benefit? If so, what forms must be used? Thank you.
R.F.
Hello Marc! Your mother could -potentially- be eligible for benefits on your father’s record. Keep in mind, if your mother is eligible for retirement benefits on her own record and divorced spouse’s benefits, we will pay the retirement benefit first. If the benefit on the ex-spouse’s record is higher, she will get an additional amount on the ex-spouse’s record so that the combination of benefits equals that higher amount.
To see if she is eligible for a higher benefit than what she’s receiving now, she will need to speak to one of our agents. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. We hope this information helps.
Jacqueline L.
How do I find out how much money my ex-husband made before he retired. I am wondering if I can draw SS from his record. I am currently drawing SS on my own but I might get more from his.
Nancy C.
Do you need your former spouse’s Social Security # for this?
Thanks
R.F.
Hi Nancy, you will be asked to provide additional (marriage, ex-spouse) information during your initial interview for Social Security benefits. Our representatives will assist you with finding out if you’re eligible for a “divorced spouse benefits“. Thanks!
Lenora L.
I will be 62 and would like to appt for social security under my deseased husband. How do I appt? How can I found out how much my benefit will be?
wendy
Maybe you should put in there that an ex-spouse cannot draw on both benefits. It has to be either one, preferably the higher. Also, my ex-remarried last year. Is she entitled to half when he dies?
paul a.
my ex wife and I were married for thirteen years. our marriage ended in a divorce. I remarried and still married.
my ex wife married and then ot divorced. if I apply for social security does she receive half of my benefits.
she is not married now.
R.F.
Thank you for your question, Paul. Your ex-wife may be eligible for Divorced Spouse’s Benefits, if you two were legally married for 10 years or longer. The divorced spouse’s benefit amount she can receive, can be equal to one-half of your full retirement amount –ONLY– if your ex-wife starts receiving benefits at her full retirement age.
The amount of benefits payable to your divorced spouse has no effect on the amount of benefits you or your current spouse may receive.
We hope this information helps!
Charlotte K.
Email Dr Sambo for real love spell: divinespellhome@gmail.com
Marie B.
I was told by the social security office that I cannot collect my ex spouse’s amount of social security because my total amount is too much. I could only collect if he dies. Is this true?