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
Comments
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Ernest P.
I believe my ex is getting more out of SS than I how do I find out if it is worth more than I am getting?
R.F.
Hello Ernest, we take protecting your personal information very serious. Individual’s Social Security records are confidential and we do not disclose information, unless we have proper authorization or consent.
Kathy R.
I’m still confused if I will receive anything from my ex husband as I don’t know the SS benefits amount he is receiving!
R.F.
Hello Kathy. Generally, when you apply for Social Security benefits, during the initial interview, we explore other possible eligibility that could pay you a higher benefit amount. Keep in mind that if you are eligible for retirement benefits on your own record and divorced spouse’s benefits, we will pay the retirement benefit first. If the benefit on your ex-spouse’s record is higher, you will get an additional amount on your ex-spouse’s record so that the combination of benefits equals that higher amount.
See our Benefit Planner: If You’re Divorced for more information. Thanks!
June K.
Married for 38yrs separated for 15yrs he has been living with someone for 15yrs they bought a home if he dies am i intited to any money etc as we have never divorced PS sophie is my cat
Nena
I am divorced but I heard my x husband its going to apply for SS (Not sure for disability or because he’s age) how I can find out if he’s going to received benefits?
Is a minor child in common and married for more at 10 years (he remarried, not me )..
Any way to get information?
Thank You
R.F.
If your ex-husband is entitled to Social Security retirement or disability benefits, and your marriage lasted 10 years or longer, you may be eligible to receive benefits on his record. You will need to speak with a Social Security representative to see if and when you should apply for benefits. Please call our toll free number at 1-800-772-1213. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Or contact your local office directly.
Please go to our web page “If You’re Divorced” to see other eligibility requirements and to learn more about your options. Thanks!
Mary S.
I need to know if I can work and not have my benefits affected. I receive my social security and half of my deceased husbands for a total of 1500 per month.
R.F.
Thank you for your question, Mary. You can work while you receive Social Security retirement (or survivors) benefits. When you do, it could mean a higher benefit for you in the future.
Your benefits will only be affected if you are younger than full retirement age and make more than the yearly earnings limit. For complete information, visit our Retirement Planner: Getting Benefits While Working.
R.F.
Thank you for your question, Mary. You can work while you receive Social Security retirement (or survivors) benefits. When you do, it could mean a higher benefit for you in the future. Your benefits will only be affected if you are younger than full retirement age and make more than the yearly earnings limit.
For complete information, visit our Retirement Planner: Getting Benefits While Working.
stay b.
edgarallenpoe49@gmail.com i was married 20/20/20 divorced received nothing how am i able to receive retirment beneits
R.F.
Just a reminder – We do not have access to personal information, therefore, we do not do direct messaging in this venue. Please be cautious about posting personal information on social media and communicating personal information via email.
If your marriage lasted 10 years or longer, you may be eligible to receive benefits on your ex-spouse’s record at age 62 or older. See our Retirement Planner: If You’re Divorced for other eligibility requirements and more detailed information. Thanks!
Eric T.
Is our daughter eligible for social security benefits if one of us passes away ? She is 14 and just lost her mother to cancer. And me ( her father) just wants to know if the daughter received the benefit until age 16? 18?
R.F.
Thank you for your question, Eric. unmarried children under 18 (up to age 19 if attending elementary or secondary school full time) of a worker who dies, can be eligible to receive Social Security Survivors Benefits.
Normally, benefits for children stop when children reach age 18, unless they are disabled. However, if the child is still a full-time student at a secondary (or elementary) school at age 18, Social Security benefits will continue until the child graduates or until two months after the child becomes age 19, whichever is first.
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.
An appointment is not required, but if you call ahead and schedule one, it may reduce the time you spend waiting to speak to someone.
Edra L.
I’m 63, can I receive my ex husband social security, he’s 76. We were married for 25 years. I’m still working, and would like to reapply on my social security when I’m 66.
Is that possible.
R.F.
Hello Edra, when you apply for your retirement benefits, we will also check to see if you qualify for a higher benefit on your ex-husband’s record. Generally, if you are eligible for retirement benefits on your own record and divorced spouse’s benefits, we will pay the retirement benefit first. If the benefit on your ex-spouse’s record is higher, you will get an additional amount on your ex-spouse’s record so that the combination of benefits equals that higher amount. See our Retirement Planner: If You Are Divorced for more information. Thanks.
Geraldine H.
I have had a rough time. I was left with three kids – 12 yo, 14 yo and 25 yo. I received child support, but I found out after signing the Separation Agreement that I should have gotten a lot more. The NC Law for Women Attorney checked on this and informed me that she wished I had not siged it, but it was too late. I worked seven days a week for years. Now, I have no job and I’m trying to live on social security and I’m having a really hard time. My ex’s social security is $700 more per month than mine. We were married 24 years when he left and moved in with his girlfriend. It would be great if I could draw what he does. Then, I would not have such a hard time.
Cynthia L.
Hello,
I’m trying to figure out how to apply for my ex husbands
social security benefits. We were married 13 years and have four children. I will be 62 in July 5th.
I cannot figure this out on how to do this. Please help!
Thank you
R.F.
Hi Cynthia. In order for you to receive benefits as a divorced spouse, your ex-spouse must be entitled to Social Security retirement or disability benefits.
Also, keep in mind that if you are eligible to receive benefits on your own record, we pay that amount first. However, if the benefit on his record is a higher amount, you will get a combination of benefits that equals a higher amount.
See our web page: How to Apply For Social Security Benefits for more information. Thanks!