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
See CommentsAbout the Author
Doug Walker, Deputy Commissioner, Communications
Deputy Commissioner, Office of Communications
Comments
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Grace B.
What would I need to be eligible for ex-spouse’s benefits,
If I want to apply for benefits.
peggy
I was disabled before I married, now divorced, living on my disability. Only 53 yes. Old when can I draw off my ex. He’s still working.
Joanne G.
Hi I would like to report that Virgil William foster passed away this month at the st. Joseph hospital. It was April 24, 2018 at 8:15 a.m. so please don’t put his Socail security on his debit card. Thanks and have a good day. Joanne Gonzales his Socail security number us *** – ** – ***.
Holly l.
Wanted to know if i can recieve benefits from my husband whom is on disability
Sondra M.
Inquiring if I can draw social security from an ex-spouse which I was married to for over 12 years. What are the forms I would need to complete and how long will the process be?
Marilyn P.
I’ve been told that if I reclaim my maiden name after a divorce (married 39 years) that it will be necessary for me to obtain a NEW SOCIAL SECURITY NUMBER because I have returned to my maiden name. I applied for my first Social Security card under my maiden name. I want to know if it will be necessary to obtain a new Social Security number because I have reclaimed my maiden name! I need to know this, and I have just spent 4 1/2 hours on your website trying to find out!
R.F.
Thanks for your question, Marilyn. You can request that we change or correct your name on your Social Security records, you will get a new Social Security card (your Social Security number does not change). A person can show whichever name he or she would like on their Social Security card, as long as they have documents that prove their legal name. To learn more on the process and what documents you will need to get a card with your maiden name, please visit our “Social Security Number and Card” web page. We hope this helps!
Frances G.
my ex husband is deceased, he collected disability in the amount, of 2900 a month we were married for 20 years. He remarried and was married to his second wife for 15 years. She is presently collected his social security and his disability. He disability from the military. I also receive a disability for 2900 a month through the military. I am entitled to any of this money or is my daughter?
eugene m.
how do I receive death benifits from my late wife.
died in april 25, 2010,
can i receive death binifits and how much and how is paid, monthly, or one lump payment.
what age do i haf to be to receive this death benifit.
Margie C.
I want to know if my ex-husband who is still working can draw a part of my social security disability without it affecting his retirement benefits. He’s 62 years old. We were married for 35 years and have been divorced for 5 years. Thank you
Peggy M.
When can I start drawing my Social Security? I have Social Security disability. I’m 55 right now so there would be a penalty. How much is my amount and what’s the penalty? Thank you