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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Angie
Can you answer this? If I’m already receiving spousal Social Security benefits (I filed restricted at my Full Retirement Age), can I file for retroactive pay and get the difference of 6 months worth of my own benefits and the spousal benefit. I am now 68 and want to know if I can file retroactively at 67 1/2 on my own work record?
R.F.
Hi Angie and thank you for your question. For retirement benefits, we generally allow up to six months of retroactivity payments. No retroactive benefits are payable for any month before individuals reach their full retirement age.
Sometimes, a person may be entitled to more than one benefit at the same time and may receive a combination of benefits equaling a higher amount. For example, a person may be entitled as a retired worker on his/her own record and as a spouse on another record. However, a person’s benefit amount can never exceed the highest single benefit amount to which that person is entitled. Also, in your case, there are Delayed Retirement Credits issues to consider.
Unfortunately, but for your security, we do not have access to personal information in this blog. In your situation, it is best to contact your local office or to call our toll free telephone number at 1-800-772-1213, Monday through Friday between 7 a.m. and 7 p.m. and ask a representative to assist you.
Apr
I am about to divorce my husband for the second time.First time we were married for 10yrs.We stayed divorced for 13 months and then remarried.Our second marriage lasted 12 yrs
My question is can I get his SS pension if he dies(if he marries again or not) and if I get to retirement age and he is still alive do I get any of his SS benefits?
R.F.
Thank you for your question Apr. If you meet all the factors of eligibility, you could be eligible to receive Divorced Spouse benefits on your ex-spouse’s record, even if he has remarried. You may also qualify as a Surviving Divorced Spouse.
If you qualify to receive benefits on your own record, we pay that amount first. However, if the benefit on his record is a higher amount, you will get a combination of benefits that equals a higher amount.
If you have additional questions, please call our toll-free number at 1-800-772-1213. Representatives are available between 7 a.m. and 7 p.m., Monday through Friday but you will generally have a shorter wait time if you call later in the week.
Elise
Question:
If I married abroad over 36 years ago and have been separated from that spouse for over 30 years – is that person considered my legal spouse in the United States? (Marriage did not place in the US and we never formalized/recognized it in the US) Also, In the past 20 years I was in a common law marriage but currently no longer in it. What does the government consider my marriage status to be? Could you help me with that? I want to file as Single, but want to make sure.
Constance W.
I will be 67 in December, living on Social Security. My ex-husband (married to him 16 years/divorced about 30 years) has remarried, lives in Texas. I am positive he made far more money than I did in his work years and I believe he is retired now. Must I wait till he passes away to receive benefits from his Social Security?
Thank you
R.F.
Thank you for your question Constance. You may be eligible to receive Divorced Spouse benefits on your ex-spouse’s record now, if you meet all the factors of eligibility, even if he has remarried. If you are receiving benefits on your own record, we pay that amount first. However, if the benefit on his record is a higher amount, you will get a combination of benefits that equals a higher amount. For questions and to check if you qualify for additional benefits contact your local office, or call our toll-free number at 1-800-772-1213. Representatives are available between 7 a.m. and 7 p.m., Monday through Friday but you will generally have a shorter wait time if you call later in the week.
g s.
I applied for spousal benefits off of my ex husband. He is deceased now. The SS office told me that I need to get a copy of my divorce papers and marriage licenses. I did get the copy of the marriage licenses but when I went to get the divorce papers the county has no records of my divorce. They think it was never filed. Like I said my ex is deceased. I have no way to track what happened. We were not speaking at the time we divorced and I never got a copy of the papers. Now social security tells me I cannot get his social security until I produce divorce papers. What do I do?
R.F.
Hello Ms. Simpson, you must provide the documents required to prove that you meet all the requirements necessary to be entitled to the benefit you are claiming. As a Surviving Divorced Spouse, you must provide proof that your marriage lasted 10 years or more. In this case a marriage certificate and a divorce decree is needed to show the length of the marriage.
We do not have access to personal records in this blog and in your case, is best to continue working with the Social Security office handling the claim, they can advise you as to what other alternatives or other types of evidence you need to submit. Thanks!
Dee A.
simple she is still married file on that.same amount of money
Keith H.
My wife is on a permanent resident 10 year green card. She is from Mexico. I am presently 64 years old. When my wife reaches 62 years old she will have been on a green card for 12 years. She will not have enough credits (points) to draw any social security at age 62. My question is as follows. Can she receive 50% of my social security when she reaches 62 and she is on a permanent resident spousal green card? Some one told me if she is not a citizen she can not receive 50% of my benefits at 62 years old while I am living.
D
False. Have her apply and do not let others dissuade- it won’t be 50% of your full retirement amount because she has the option to wait until she’s 66; she’d be choosing to draw early at 62.
Bill
I have a ex-wife who has been married over 15 years to another man. They are seperated now but he worked in cthe constructtion trade as a contractor. I was married to her ten tyears. Will, if she chooses to,be allowed to draw on my social Security?
R.F.
Hi Bill. Your divorced spouse generally cannot collect benefits on your record unless her current marriage ends (whether by death, divorce or annulment). See our Retirement Planner: Benefits For Your Divorced Spouse for more information. Thanks!
teresa M.
as of now i am recieveing widows benefits i was wondering if this state also will pay me retirement pay along with my other benefits.
R.F.
Hi Ms. Morgan! If you’re referring to a state or local government pension, please contact your State Retirement Administrator.
RIta
I’m 66, eligible for ex-spouse benefits (deferring on my own benefit until later) passed all the tests: 22 years marriage, divorced for 10 years, his benefits at retirement are greater than mine and I have provided the local office with Marriage and Divorce documents.
Two questions:
1.The local office is asking my ex-husband to provide his original Birth Certificate. The request came from one of the agents on the phone, the day after the appointment.
This is a surprise, the SSA has all his personal information and earnings. I cannot find any mention of this requirement anywhere on SSA website.
My ex-husband refuses to cooperate.
2. My ex-husband is younger than me. I was told, i cannot withdraw the 50% of his benefit, or any of his benefit until he reaches the age of 62. Is that correct? there is no mention of this on the SSA site either. The SSA requirement is for the requesting spouse (me) to be at least 62 years old.
R.F.
Thank you for your questions, Rita. As our Divorced Spouse web page explains it: “If your ex-spouse has not applied for retirement benefits, but can qualify for them, you can receive benefits on his or her record if you have been divorced for at least two years.” He would have to be of retirement age (62 or older) to “qualify” for his benefits.
Generally, if we’ve found a discrepancy in regards to his date of birth, then we need to correct it. Proof of age is required, when age (62) is a factor in determining retirement or dependent’s benefits. The primary proof of age when applying for retirement benefits is the original copy of his birth certificate. Please continue working with our agents, as they may be able to assist you further in preparation to file for your benefits.
Kell
I am 10 years older than ex husband of 18 years. When can I collect off his social security benefits.
R.F.
Hello Kell, 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.