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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suzanne s.
My ex-husband recently passed away – we were divorced for 23 years – he was a retired Major in the Army for 24 years. He is presently married – I married 20 years ago. Am I eligible to draw from his Army retirement or Social Security. Any information would be appreciated. Thank you!
Robin E.
Does a divorce man loose any amount of his social security if his ex- wife gets part of it?
phyllis j.
I was married to my first husband for 18 years and have three daughters by him. We divorced in 1974. I remarried to my second husband in 1983. He passed away last year, May 28th. I was wondering if I could collect on my ex husbands social security account. I’m curious if I’m eligible for this as I’m just trying to survive. I married my first husband in 1956..
Thank you
Phyllis Jennings
Casey L.
My ex-husband owes me around $9000 back child support. He was making payments through the attorney general and his job. He was killed in a motorcycle accident last week and I am wondering what’s going to happen now. Our child is 23 now but, he was court ordered a couple of years ago to pay me the back child support. Please let me know how to handle this and what steps I need to follow. Thank you!
Moon R.
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Vickie P.
I have gotten SS retirement since age 62. I will be 66 this August. I was married 23 years and divorced now for 23 I am single Can I collect what he earns or half whichever is greater and form do I use? I turn 66 8-5
R.F.
Hello Vickie. Generally, when you apply for Social Security benefits, during the initial interview, we explore for other possible eligibility that can pay you a higher benefit amount. Meaning that if you were eligible for a higher benefit on your ex-spouse’s record we would have established “dual-entitlement” then.
Remember that if you are eligible for both your own retirement benefit and benefits as a divorced spouse, we always pay your own benefits first. If your benefit as a divorced spouse is higher than your own retirement benefit, you will get a combination of benefits equaling the higher divorced spouse benefit.
For example: Let’s say that at your full retirement age you qualify for a retirement benefit of $250 and a divorced spouse’s benefit of $400. You will receive your own $250 retirement benefit, and we will add $150 from your ex-spouse’s benefit, for a total of $400.
Your benefit as a divorced spouse is equal to one-half of your ex-spouse’s full retirement amount only if you start receiving benefits at your full retirement age.
If a person begins to receive benefits at age 62 or prior to their full retirement age, their benefits are reduced. These reduction factors are permanently applied to all of the benefits the person may qualify for.
We hope this information provides clarity. To verify that you’re receiving the correct benefit amount, you can call our toll free telephone number at 1-800-772-1213. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Thanks!
DONALD G.
MARRIED .. DIVORCED STARTING IN 90 DAYS
…20 YEARS ..SHE MARRIES .. DIVORCED AND REMARRIES … CAN SHE STILL USE MY LAST NAME ..? OR HER XSPOSE …OR HELAST NAME SHE IS BORN WITH .. REPLY SOCIAL SERCURITY REASON .. SHE MARRIED WITH TIETJEN LAST NAM …HER LAST NAME BORN WITH IS ARELLANO … MINE IS YOST ? REPLY
Roxane L.
Can I receive benefits from my deceased exspouse and my deceased spouse. Both or whichever is higher???
Barbara
I am collecting my deceased husbands ss benefit. I am 67 yrs old if I remarry will I lose that money?
R.F.
Thank you for your question, Barbara. If you remarry after you reach age 60 (age 50 if disabled), your remarriage will not affect your eligibility for survivors benefits.
See how marriage can affect other Social Security benefits. Thanks!
Andrea H.
Will my ex spouse be notified that I will be collecting part of his SS and will affect his benefits?
R.F.
Hello Andrea, the amount of benefits you get has no effect on the amount of benefits your ex-spouse may receive. Also, your ex-spouse will have access to basic information of his Social Security record and has a right to know who else is receiving benefits on his record. See “If You Are Divorced” for more information. Thanks!