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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Carol A.
My former spouse has passed away, I am remarried; can I collect his SS in place of mine?
Thank You
R.F.
Hi Carol, you will need to speak to a Social Security representative. Please call our toll free number at 1-800-772-1213 Monday through Friday, between 7 a.m. and 7 p.m. Or contact your local office directly. Thanks!
Sylvia R.
I have been waiting for almost 1 yr come May for my ex spousal benefits. I have called several times only to be told it is still being processed …WTF that is so ridiculous. Its bad enough whenevet u call SS estimated wait time is ALWAYS over an hour. OMG talk about ridiculous..Something must change its so frustrating and even more frustrating when you get disconnected and have to go back to the end of the line so to speak…And no SS will not try to call u back…PLEASE GET MORE HELP…CANT KEEP WAITING DAY AFTER DAY..
R.F.
We apologize for the long wait, Sylvia. It is very uncommon that a final determination has not been made on your claim after one year.
Unfortunately, but for security reasons, we do not have access to personal records in this blog. Please continue working with your local office. You can request to speak with the manager to see how we can help to expedite resolution of your situation. If you are unable to visit the local office, 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. Generally, you will have a shorter wait time if you call later in the week. Thanks.
Verlane
During my marriage to my Canadian spouse, he spent more time in Canada, stating he was caring for his sick brother. I filed for divorce at nine years of marriage. He is now collecting off my social security. Is that legal?
R.F.
Hello Verlane. According to our rules, at age 62, 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.
connie j.
been married for nine years and 5 months can i get his social security i had two children from him
R.F.
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.
If you’re currently married, you may be eligible for benefits on your spouse’s record at age 62. You can receive the spouse’s benefit no matter what your age is if you are caring for your spouse’s child who is also receiving benefits. See Benefits For Your Family for more information.
Lan h.
I was born 1954 , my married for 28 years . But i did remarried around 6 years ago. How can i apply benefit from my death ex husband.
Thomas B.
Ok I ve been divorced form my spouse since 1994. We were married for 22 1/2 years . Someone told me I could be entitled to addition SS payments based on her account.
FYI I did remarry but was divorced 7 years after and have been single since 2006.
The second marriage did not qualify but the first benefits do. What or where do I go to see if there are additional funds I qualify for… Tom Crews
amanda m.
How do I check on status of a claim filed one year ago with social security for benefits from my former spouse. I was told it would take a little while and it’s over a year. I have been to the ss office 4 times and have called with no reply from the individuals handling the claim.
R.F.
We apologize for the long wait, Amanda. It is very uncommon that a final determination has not been made on your claim after one year.
Unfortunately, but for security reasons, we do not have access to personal records in this blog. Please continue working with your local office. You can request to speak with the manager to see how we can help to expedite resolution of your situation. If you are unable to visit the local office, 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. Generally, you will have a shorter wait time if you call later in the week. Thanks.
Dolores S.
how long after the death of an ex spouse does it take to recieve his benefits
Dolores S.
how long does it take before you can recieve your ex spouse befefits after his death
R.F.
Hi Dolores. Unfortunately, but for security reasons, we do not have access to personal records in this blog.
Please continue working with the office that took your application for Surviving Divorced Spouse benefits. If you are unable to visit the local office, 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. Generally, you will have a shorter wait time if you call later during the day. Thanks.
Angela W.
I understand I can draw on my ex husbands benefits at age 62. However is the age the same if I am disabled and younger. I’m 51 but disabled and he is 82. We were married for 16 yrs. Been divorced for 4 yrs.
Linda W.
I was married for 18 years & divorced for 23 years I never remarried. so can I collect on my ex husband SS. I receive SSD. I do I go about doing it?
R.F.
Hello Linda! If you’re divorced, you must be at least 62 years of age and your ex-spouse must be receiving retirement or disability benefits to qualify for benefits on his record. If your ex-husband has not applied for retirement benefits, but can qualify for them, you can receive benefits on his record if you have been divorced for at least two years.