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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joseph b.
how much net or gross income can i earn while receiving ss benefits from my deceased ex-spouse
R.F.
Hello Joseph, as you know, there are limits on how much survivors may earn while they receive benefits. In 2018, the annual earnings limit is $17,040 if you’re under full retirement age. If you will reach full retirement age in 2018, the limit on your earnings for the months before full retirement age is $45,360. If you work and are full retirement age or older, the amount you make at work will not affect your Social Security benefits, no matter how much you earn.
Please read our publication “How Work Affects Your Benefits” for more information.
If you receive survivors benefits, the additional earnings could help make your retirement benefit higher than your current survivors benefit.
joseph b.
how much income can i earn working without penalty if I am collecting social security from my deceased ex-spouce
Denise A.
I was married 32 years. My ex and I have been divorced for 3 years. He now wants to get our marriage annulled. What happens to my spouse benefits???
Sue S.
Can a person deny the social security payments from a dead ex spouse if they start receiving them automatically?
susan z.
I currently collect my first husbands SS. My second husband and I were married for 9 years and I wasn’t entitled to his benefits, which are far money. Can I appeal this, based on hardship?
Judy K.
I am receiving my social security check. But when my ex husband dies, we were married 40+ years, will I receive his social security check?
Geraldine H.
This is so unfair. We were married 24 years. He left me with three of the five children and moved in with his girlfriend. The other two —one was mentally deficient and went to a group home. The other one was 23 years old. I am now drawing on my own, but having an awful time surviving. Can I draw in his S.S since he draws $700 per month more than I do. I am now 80 years old.
Phyllis p.
How do I change my benefits from 1/2 of my ex husband’s Social Security to mine at age 70
R.F.
Hi Phyllis. You will have to contact us and apply for your benefits. Our system is set up to take applications three months in advance. Remember, you can apply for your benefits online!
Luke z.
I remarried and she left me and I do not know where I can locate her…i am over 62 and would like to claim my first ex wife S.S. as she is over 67 yrs. Old..can I do this…
R.F.
To see if you’re eligible to receive benefits on your ex-spouse benefits, you will have to contact us. Please call our toll free number at 1-800-772-1213 for assistance. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m.
Please visit our web page “If You’re Divorced” for more information. Thanks!
Brenda F.
Been receiving widows benefit since age 60 my retirement will be July 2019 I called SS yesterday and was told i have to keep widows benefits and cannot switch to my benefits if its higher no increases !!! Is this true???? I did remarry 2 yrs ago as well
And I have an xspouse of 18 yrs first marriage