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. Roxanne

    I qualify for Claim and Suspend with my ex husbands benefits but I do not have his SS#. Will the Social Security Administration be able to access his SS# without me supplying it when I apply. I am within 3 months of my 65th but hesitate because I do not have this information.
    Thank you.

  2. Mary G.

    I am 54 years old. I became totally disabled in 2013. I am divorced but was married for 18 years. He is about 8 years younger than me. I draw my disability from the state and draw from my work until my retirement age I was born in 1964. Can you tell me what I am eligible for x spousal benefits through him. Drawing disability or retirement off his benefits.

    • R.F.

      Hello Mary. If you are divorced, but your marriage lasted 10 years or longer, you may be able to receive benefits on your ex-spouse’s record. Our web page “If You’re Divorced” lists the other eligibility requirements to receive Social Security benefits as a divorced spouse. We hope this information helps!

  3. Debbie

    If you change your name but do not get married, are you still eligible for your ex-husband’s SS benefits?

  4. Sandra G.

    when opening a my account, can husband and wife have the same email address?

    • R.F.

      Please read our publication: How to Create an Online Account for more information on this topic. Also, keep in mind that you can only create an account using your own personal information and for your own exclusive use.
      If you are unable to create an account or encounter a problem with your my Social Security account, you may call us at 1-800-772-1213 (TTY 1-800-325-0778), Monday through Friday from 7 a.m. to 7 p.m. At the voice prompt, say “helpdesk” for assistance. Thanks!

  5. Mary A.

    If I remarry at age 70 but don’t have enough credits for my own ss will I still keep the survivors benefits drawn on my husband’s records

    • R.F.

      Thank you for your question, Mary. If a widow or a surviving divorce spouse remarries after they reach age 60 (age 50 if disabled), the remarriage will not affect their eligibility for survivors benefits.
      Please keep in mind that you must report a change in marital status, even if you believe that an exception applies.
      See “If I get married, will it affect my benefits” for more information.

      • Mary A.

        Thank you. I thought that was correct, just needed to make certain. Mary

  6. Linda K.

    I need to apply for ex-spouse widow benefits. Stephen Edward Wilson, Sr. *** – ** – *** died March 8, 2018. We were married for 16 years. I was his first wife. My name is Linda K Wilson and we were married on June 11, 1966 in Macon county. Please contact me at lkwilson47@charter.net or on my cell phone (334) 559-6127.

    • R.F.

      Hello Linda. Unfortunately, but for security reasons, we do not have access to personal information, therefore, we do not do direct messaging in this venue.
      You cannot report a death or apply for survivors benefits online.
      If you need to report the death or to see if you qualify 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.
      Just a reminder – Please be cautious about posting personal information on social media and communicating personal information via email. Thanks!

  7. Mario A.

    I have a relative in the Philippines who was married to a US citizen. And when her husband died she received a social security benefits together with her minor daughter which was legally adopted by her dead husband. And when her minor daughter reached at the age of 18 years old she and her daughter did not received the social security benefits anymore. And she was 55 years old at that time. And couple of months she received a letter from the Social Security Administration, Baltimore, Maryland that she will resume receiving her Social Security benefit when she turn 60 years old. Come july 15, 2017 she turned 60 and later on she received a letter from US Embassy, Manila, Philippines that she is not entitled to the said benefit for the reason that she did not reside in the USA for at least 5 continous years. The question is, is it fair for her for not receiving any benefits from her US citizen husband. Please enlightened my troubled mind. And thanks in advance. Mario Dagatan.

    • R.F.

      Thank you for contacting us, Mario. Page(s) 9 and 10 of our publication “Your Payments While You are Outside the United States” explains the additional residency requirements for noncitizens living outside the United States, in order to receive Social Security benefits. We recommend that individuals living outside the United States contact the local U.S. embassy or consulate for any assistance related to Social Security programs and benefits. Also, our Office of International Operations home page provides more information to assist our customers living abroad. Thanks.

  8. Kathy H.

    I am get to g my ssi now, I am turning 65 in July, I am disabled, I was married to my ex husband for 43 years. He retired and is getting his ss. Am I eligable to receive any benefits from him? And will I automatically start getting it when I turn 65 or do I have to apply? Or is my ssi and medicade automatically changed to ss and medicare.

    • R.F.

      Hi Kathy. Individuals receiving Supplemental Security Income or SSI benefits, who –at any time- are potentially eligible for any or other Social Security benefits on their own record or the records of others (e.g., spouse’s/divorced spouse, widow’s, or childhood disability benefits) are required to apply as soon as they become eligible. Failure to apply for additional benefits can result in suspension or termination of their SSI benefits.
      To see if you’re eligible to receive divorced spouse’s benefits to include Medicare benefits at age 65, call our toll free number at 1-800-772-1213 and speak to one of our agents. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Or contact your local Social Security office directly. Thanks!

  9. Claire L.

    Is there a way to find out if an ex-spouse has retired and claimed social security benefits without asking him directly?

    • R.F.

      If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse’s record if you are age 62 or older and meet other eligibility requirements. If your ex-spouse has not applied for retirement benefits, but can qualify for them, you can receive benefits on their record if you have been divorced for at least two years.
      To see if you’re eligible to receive benefits on your ex-spouse’s record, you can 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 you can contact your local Social Security office directly. Thanks!

  10. Charlotte

    What if your ex-spouse is remarried and that wife wants to collect benefits how does that work

    • R.F.

      Hi Charlotte. Even if they have never worked under Social Security, a wife may be able to get benefits if she is at least 62 years of age and the husband is receiving or is eligible for retirement or disability benefits. See: Benefits For Your Spouse for more information.

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