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
Comments
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Cheyenne G.
I am 55 yrs old. was awarded full disability about 6 years ago… i was married over 11 years to a man that is now on full disability… i get the minimum of 750… should i not be getting the full amount like he gets??? they told me i had to wait until i was 65 before i got his benefits…
Diane L.
I have been told I can collect my ex husbands ssa now (I’m 62, he’s 66)…then when I’m ready to claim my benefits, I can claim both. Is this true?
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.
Divorced spouses who were born before January 2, 1954 and have reached their full retirement age, could choose to receive only the divorced spouse’s benefit and delay receiving their own retirement benefit until a later date. If your birthday is January 2, 1954 or later, the option to take only one benefit at full retirement age no longer exists.
Sheria B.
Over the years I have spoken to several Social Security Offices in Alabama,where I reside, and even called Washington D.C. trying to get answers. I have ALWAYS gotten different answers to the same questions regarding drawing from my ex-husband’s work record vs. mine. I am now researching your written word on it for assurance, and clarity. Shouldn’t all the same questions have the same answers – no matter which Social Security Office one talks with?
ALSO: NO ONE EVER TOLD ME I COULD APPLY FOR BENEFITS FROM MY EX-HUSBAND’S RECORD IF I WAS ON DISABILITY! IN FACT, I WAS TOLD I HAD TO WAIT UNTIL HE RETIRED, OR WAS DECEASED. WHY? ARE SOCIAL SECURITY PERSONNEL EMPLOYEES TRAINED TO LIE TO THE AMERICAN PUBLIC? IF NOT, GET THEM ALL ON THE SAME PAGE! WHAT A MESS FOR AMERICANS TRYING TO UNDERSTAND, AND RECEIVE THEIR BENEFITS! SOCIAL SECURITY INSURANCE IS TAKEN OUT OF MOST EVERYONE’S EARNED MONEY ALL OUR LIVES – IT IS OUR MONEY!!
Marilyn G.
I can barely make it momthly!!! I have been divorced since 1974. I will be eighty my next birthday!!!
Donna N.
I want to receive my own social security instead of my husbands. How do I go about doing that?
Cathy
I was inquiring , if I am entitled to any benefits.
I am Canadian Citizen and was married to US citizen for 13 years. Am I eligible to receive any benefits when I am 62 years of age. I m currently 60 years of age. Myself or my ex husband never remarried.
Any information would be helpful
R.F.
Hello Cathy, 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.
Keep in mind that if you are eligible for (both) your own retirement benefits and benefits as a divorced spouse, we always pay your own benefits first. If your benefits as a divorced spouse are higher than your own retirement benefits, you will get a combination of benefits equaling the higher divorced spouse benefit.
For more information, please visit our Retirement Planner: If You Are Divorced.
For assistance with Social Security programs and available services, we recommend that individuals living outside the United States contact the nearest Federal Benefits Unit in their area.
Also our International Programs web page can provide information related to receiving benefits outside the United States.
We hope this information helps!
Carolyn
Did not answer question what about the current
Spouse what is she or he entitled to?
Jackie A.
My ex-husband just passed away. Am I entitled to any benefits from his social security? I am 80 years of age. What paper work do I need to take to the local SS office? I do not know his SS No.
Thank You
Hope p.
Its not right I was disabled before my divorce mostly housewife for twenty two years I got sick became disabled nobody told me I could collect on my then husbands social security now he retires and I have to wait until im 62 he was the bread winner I’m poverty I collect 600. Dollars a month and He’s remarried why can’t I collect on his social security which they should of told me back then about it but I’m single and struggling please help 8138384951
Karin A.
Thanks to your clear information, I understand divorced spousal benefits. I have a related question that hasn’t been addressed: I’m 67, employed full time with an employer health plan that I want to keep until I retire at age 70. If I get a divorced spousal benefit, will that require me to enroll for Medicare (which I don’t want yet)? Thanks.