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
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Maria
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Doris
How come I couldn’t draw from my ex spouse social security I was married to him for 32years been divorced for 16 years and never remarry so why to they keep denied my claim
Kay
I was awarded 28% of my husband’s pension when we divorced, I was 38 he was 52. When he retired the pension amount I had been receiving for the past 12+ years decreased by 75%. A Qualified Domestic Relations Order was filed at the time of the divorce. I still receive a monthly check from the pension but why am I not entitled to the full amount, the 28%, as before he retired? I am now 63 and he is 77. I cannot retire until I am 66+2months.
Quanta D.
My divorce date is 5 months away from being two years. How close to the date in October, should I apply for divorced spouse benefits which is higher than my current benefits.
Bonnie F.
What paper work or forms needed to apply for ex husbands benefits.
Where would you apply?
R.F.
If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse’s record (even if they have remarried) if:
•You are unmarried;
•You are age 62 or older;
•Your ex-spouse is entitled to Social Security retirement or disability benefits; and
•The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse’s work.
See “Apply for Benefits” for more information. Thanks!
Carolyn C.
Hello, my name is Carolyn Cobourn. Email is txmumsey@aol.com.
I recently received a letter about changing accounts form my ex husband. *** – ** – *** B6. I would like to make the change because I’ll turn 70 in June 2018.
I am confused about using the web site. I can’t find the direct page to make these changes.
I can’t go to my local Social Security office because I am immune compromised.
Thank you for your help,
Carolyn Cobourn
R.F.
Hi Carolyn, you may be able to apply online. Our system is set up to take applications three months in advance and we offer an online retirement application that you can complete in as little as 15 minutes. If you cannot apply online or you decide not to finish applying online, for whatever reason, you can call our toll-free number, 1-800-772-1213 for assistance. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Generally, you’ll have a shorter wait time if you call later during the day. We hope this helps!
Pia L.
I am 61 yrs.old been divorced over 30 yrs. And was married for 13teen yrs Am i entiteled now to recieve part of his retirement check?
R.F.
Hello Pia, you may be able to receive benefits on your ex-spouse’s record at age 62 if:
• You were married to your ex-spouse for at least 10 years;
• You are unmarried;
• Your ex-spouse is entitled to Social Security retirement or disability benefits and,
• The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse’s work.
For more information, please visit our Retirement Planner: If You Are Divorced. Thanks!
Patricia J.
I have been collecting approximately $200 a month from my husband’s social security for the past couple of years, but as of Friday, April 28, 2018, he passed away at a local facility where he was being cared for, and now I’m asking what the steps are to receive additional benefits upon his death. We were married over 10 years and I have not remarried, nor has he. Could you please give me any guidelines to follow based on what has recently happened.?
R.F.
We are sorry to hear of your loss, Patricia. If you already receive benefits as a spouse, under your husband’s record, your benefit will automatically convert to survivors benefits after we receive the report of death. In most cases, the funeral home will report the person’s death to Social Security.
Please contact your local Social Security office or call 1-800-772-1213 ( TTY 1-800-325-0778) for further assistance. Representatives are available between 7 a.m. and 7 p.m. Monday through Friday. Thanks!
Carol B.
I am trying to plan ahead but I have no idea if I am receiving more in benefits than my ex spouse. We were married for 42 years and have been divorced 10 years. How can I find out this information so that I know if I would even get any of his benefit if he died?
Grace B.
What documents would I need to be eligible for ex-spouse’s SS benefits. Was married for over 20 years
J.Y.
Thanks for your question, Grace. To be eligible for divorced spouse benefits, you had to be married to your former spouse for at least 10 years, and you cannot be eligible for a higher benefit on your own record. Here’s some information on how to qualify for divorced spouse benefits: http://www.socialsecurity.gov/retire2/yourdivspouse.htm. Hope this helps!