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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Jerry S.
I went to the Philippines two years ago and got married. The embassy has not released her paperwork yet. For 2 years we have filled out paper work continually and no decision by the embassy as of this day after two years of delay after delay. How can I get her a social security number.
Deborah K.
How do i go about claiming widow benefits , My Xhusband died a week or so , I was married to him for over 18 years and had 2 children with him
I worked for Sams Warehouse for almost 20 years then I got my social sercurity disability I believe I was 57 years and could not believe I was only drawing $787.00 a month but I was told my xhusband was drawing about $1300.00 if I could draw that amount I would be happy I have to take care of my mother and can’t get even A little part time job , some people would think I’m crazy for being happy of maybe getting $1300.00 I paid off everything but to have a little extra would be a blessing , but my name is Deborah Kay Runyon Wallace and my xhusband name who passed away is Stephen Dale Runyon who died last Thursday can you help me
R.F.
We are very sorry to hear of your recent loss, Deborah. If you are the widow of a person who worked long enough under Social Security, you can start receiving reduced survivors benefits as early as age 60 (age 50 if disabled).
You cannot report a death or apply for survivors’ benefits online. To apply for benefits, you need to contact your local Social Security office or call our toll free number at 1-800-772-1213 (TTY 1-800-325-0778). Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Thanks!
Mary
My husband’s x-wife remarried and she is a bright woman and has worked in a large attorney firm for 30 years. She called her x-husband who of course is my husband and wanted his social security number and that she needed it because she was applying for her social security and she was going to draw off of him. Her first husband. She was married to her first husband for 25 years. I told my husband that she can’t draw from you because she has remarried and is still married to her second husband because if a divorce person remarried and was married to her first husband at least 10 years if she remairries or if her second husband dies or they divorce then she can draw off her first husband. She has to be smart enough and is well read to look up the information and inform herself before she starts asking her first husband for his social security number. There is an obvious reason she did that and that was to explore and find out other issues such his retirement pay, who is the beneficiary of his retirement and still believes he is not very bright. She is very wrong in her thinking. Every time we see her and her husband I wonder really?
Josephine S.
I will be retiring on June 2019 and need to know what I need to do now to see if I quality for some of my ex-husband SS
R.F.
If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse’s record 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 “If You Are Divorced” for more information, thanks!
Kathy B.
How do I go about applying for this ex-spouse social security pension?
Karen a.
My husband divorced me a few months ago and got remarried. I can’t get half of his social security until 2 years after divorce. He is not paying the court ordered spousal support, I don’t have money to live on and I can’t get half of his benefits until 2 years! I am desperate! Is there anything I can do to receive that money earlier.? We were married for 40 years and I was a housewife for many years and homeschooled all 3 of my children. And he left me and married another woman. I have no money for a lawyer to take him to court for the court ordered spousal support that he is not paying! I am 62 years old in good health trying to find a job which is very difficult with no way to support myself. Is there any Money anywhere that I can apply for simply to take care of myself.. please answer if there is anything. I am in desperate need of assistance. Sincerely Karen Anderson.
Phung N.
I’ve been received social security for three years. my wife is 63 years old now. How can I apply for her benefit ? She supposed to received half of mine. Please help, show me how to do it ? Thank you
Phung N.
My name is Phung Nguyen.
My email address is Phunghq601@hotmail.com
K.O.
Hello Phung: Thank you for your question. Under current law, if your spouse qualifies for benefits on her own record, we pay that amount first. If the benefit on your own record is higher, she will get an additional amount on your own record so that the combination of benefits equals that higher amount. Sometimes, a person may be eligible to more than one benefit at the same time. For example, a person may be entitled on his or her own record and also as a spouse on another record.
That said, a person’s benefit amount can never exceed the highest single benefit amount to which that person is entitled. For more information, please see our Benefits Planner for more information. Hope this helps!
Shelley A.
My husband died and I applied for his social security widows benefits. I found out his ex wife also applied for his social security and has been approved. Can we both receive it ? I’m confused.
Melinda
Hello. I am a 55 year old divorced woman that has been determined disabled by the SSA and have been receiving SSDI benefits. My ex-spouse and I were married for 25 years. He is now 61 years old. My question is, with my being disabled do I need to still wait until I’m 62 to apply for the divorced spouse benefits? If not, do I need to wait until ex-spouse is 62? Thank you!
R.F.
Hello Melinda, you may be able to receive benefits on your ex-spouse’s record (even if he or she has remarried) if:
• You were married to your ex-spouse for at least 10 years;
• 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.
If your ex-spouse has not applied for retirement benefits, but can qualify for them (which includes he is at least age 62), you can receive benefits on his or her record if you have been divorced for at least two years. For more information, please visit our Retirement Planner: If You Are Divorced. Thanks!
Laticia S.
Yes hello ,Was married to my ex. for 13 years had 3 children together.. He divorced before he passed away. have remarried and haven married to him for 34 years no children.. We are now getting a divorce.. I am 71 years of age.. we haven gone though bankrup. So neither of us have much. I
I collect SS 500 a month.. I am not working I have R/A.. i have been looking but I have a bar and screws my front neck and all kinds of wires in my back neck.. all so bar and screws in my wrist.. can’t lift more the 15. lbs.Sorry i’m off track.. when present hubby and I are divorced .will I be able to collect from my ex as widow benefits And how much would that be? Thank you,Laticia Socci
R.F.
Hello Laticia. After your divorce is finalized, you will have to contact us to see if you’re eligible for a higher benefit amount as a “Surviving Divorced Spouse“.
You may also be eligible for Supplemental Security Income (SSI) benefits. SSI benefits are payable to people 65 and older who have limited income and resources.
Representatives at our toll free number (1-800-772-1213) are available Monday through Friday, between 7 a.m. and 7 p.m. Thanks.