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
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Doug Walker, Deputy Commissioner, Communications
Deputy Commissioner, Office of Communications
Comments
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Billie M.
I’m 16 and get a SS check from my dead dad . I’m getting a part time job .How much can i make and not lose my benifets from my dad ?
R.F.
Great question Billie! For 2018, the annual limit is $17,040. See “Getting Benefits While Working” for more information.
Mark J.
My Mother Divorced my Father in September of
1962. My mother wasn’t getting Spousal Support
before I was born or Child support before or after
the Divorce. Mother remarried, and she still didn’t
get the Child Support. My Father when in the U.S.
Army Reserve. He never claimed us. He remarried.
My father and his second wife had no children.
My Father was killed in August 2003.
What’s my Mother to do? She never got support
for me, because my Father refused to pay it.
My Father’s second wife of almost 40 years of
marriage is his widow.
Lanell
A person receiving SSI/Medicaid at 62 years old was married for 18 years been divorced over 5 years, neither one ever remarried, he dies in 1/2018 can SS office cut her off SSI/Medicaid and switch her over to Widow benefits without her applying for it?
Nell
I have received my former spouse SS benefits since his death in 2001. I never remarried, am employed, 80 yrs old and wish to retire. Am I eligible to continue receiving benefits as well as my own? Thank you.
R.F.
Hi Nell! Yes, you should be able to continue receiving your benefits. To see if you qualify for a higher benefit amount than what you’re receiving now, 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 Social Security office directly.
In April we celebrate “National Social Security Month”, see what you can do online at http://www.SocialSecurity.gov
Donna R.
My mother was married to a man for 9 years and 7 months , They had a child the first year they were married would she have a chance of drawing his social security ,she worked for him 2 years prier to getting married and continued working for him after ,he never paid in to her social security so she has to try to live on 600.00 a month . I had herd they changed the time line of being married ,
Diane G.
If I divorce my husband will I get his 1,227 social security check and will I lose my 400 a month social security check
Gayle W.
please email back to gaylekwallace@gmail.com. I am currently receiving ex spouses benefits due to being married to him for more than ten years. I was 66 which is my full retirement age (birthdate 12-25-49) when I started getting a portion of his. I am delaying asking for mine until age 70. Will I get just mine then or will I get a portion of his to get me up to a higher amount, IF it would get me up to a higher amount?
margaret b.
I’m confuse, if i’m married for at lease a year is his x wife ,can she recieve his s.s. and she has 10 years? can I recieve also the same amount as her?
Virginia l.
Me and my husband been married for 15 years and been separated for 5 years so what I need to get a divorce in order to draw off of his check
patty
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