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”!
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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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Cynthia C.
I’m 65 my ex husband retire at 62 I did not remarry do I have 2 wait till I’m 66 2 collect half of his social security or can I collect it now at 65 and hold mine off till I’m 70
R.F.
Hello Cynthia. Your benefit as a divorced spouse is equal to one-half of your ex-spouse’s full retirement amount -ONLY- if you start receiving benefits at your full retirement age.
See our Retirement Planner: If You Are Divorced for more important information. Thanks!
Joe W.
My wife and I have been married for 53 years. I am receiving $2000 per month in retirement benefits and my wife is receiving $800 per month.
If I die what will her benefit amount be?
R.F.
Thank you for your question, Joe. If you’re receiving reduced benefits, we’ll base your wife’s (survivors) benefit on that amount. However, a widow who is full retirement age or older, can receive 100 percent of the deceased worker’s benefit amount.
Please visit our Survivors Planner: How Much Would Your Benefit Be? for more information.
Evelyn C.
My ex died owing back child support. May I collect from his social security benefits?
R.F.
See Survivors Planner: If You’re The Worker’s Surviving Divorced Spouse.
Belinda W.
Do I have to go down to Social Security to file on my husband or do they automatically give it to me when I turn 66
R.F.
Hi Belinda! Generally, you must always have to file an application for benefits. Please call our toll free number at 1-800-772-1213 and speak to a Social Security representative. Our representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Or contact your local office directly.
Gale M.
I got a divorce 2 months before my ex husband & I were legally divorced but was pregnant with our second child . Do I have a chance of getting his SS income or am I out of luck?
Gale M.
I forgot to put 2 months before our 10th anniversary!
R.F.
Hi Gale, according to our rules, an individual may be eligible for Divorced Spouse Benefits if he or she was legally married to the worker for at least 10 years before the date the divorce became final.
Curious
My x-wife died January 2018.
I was told when I applied for social security that the social security administration would take the money “due to her” off the top of my benefits and I would receive the remainder.
Since my x-spouse has passed away will I now receive the money that was being put aside for her on my monthly check?
I can’t find this information on your website and I have been on hold to the SSA for nearly an hour now.
What form do I fill in to correct this situation?
Thanks,
R.F.
The amount of benefits your divorced spouse gets has no effect on the amount of benefits you receive. You may want to contact us to see if you’re eligible for “Surviving Divorced Spouse” benefits.
You cannot report a death or apply for survivors benefits online. If you need to report a death or apply for benefits, call 1-800-772-1213 (TTY 1-800-325-0778).
You can speak to a Social Security representative between 7 a.m. and 7 p.m. Monday through Friday. You can also contact your local Social Security office.
Ellen L.
My exspouse recently died. Neither off us remarried. I a.m 69 years old and he was 72. Am I eligible to receive his pension if his is greater than. Mine? Thank you
R.F.
Hi Ellen, you will need to contact us to see if you’re eligible for a higher benefit amount as a “Surviving Divorced Spouse”.
You cannot report a death or apply for survivors benefits online. If you need to report a death or apply for benefits, call 1-800-772-1213 (TTY 1-800-325-0778).
You can speak to a Social Security representative between 7 a.m. and 7 p.m. Monday through Friday. You can also contact your local Social Security office.
Alan C.
“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.”
The SSA tells us that this statement is absolutely false. The clock starts, including the benefit reduction, whenever I collect ANY benefits. There is no higher benefit as the result of waiting.
Mary A.
I have been divorced for over ten years. My ex spouse is 60 and I am 71. I started getting my benefits at 62. From what I just read I can receive my portion of his benefits now. Is this retroactive from the time I could have started getting mine? I mean the difference . I was not aware of this until now. how do get in touch with the Social Security office? Thank you for any help
Helen
Can a former spouse currently on SSI, collect her ex spouse SS?
Both in their 40s.