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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Joanna
How can I find out how much I would receive if I file as an ex-spouse when I don’t know how much my ex-spouse makes. I would like to compare it to how much I would make if I file on my benefits.
R.F.
Hello Joanna. We can’t provide you with an actual benefit amount until you apply for benefits. Keep in mind that if you are eligible for retirement benefits on your own record and divorced spouse’s benefits, we will pay the retirement benefit first. If the benefit on your ex-spouse’s record is higher, you will get an additional amount on your ex-spouse’s record so that the combination of benefits equals that higher amount.
Charles N.
My exwife receives her husbands SS. ( He died) Can I get part of her SS? She has not worked for years.
Chjarles N.
I have asked , asked and asked on this computer, if I as a man devorced years ago, canvI now sue my rich wife for alimoney? Her husband died leaving her several million dollars
I have yet to get a straight answer, only devorce lawyers to call???
None of my questions are being answered,
Elizabeth
I’m planning to remarry my ex husband. We are both on SS. I have never remarried. He remarried and was married more than 10 years. I know she can draw benefits if he is deceased. But what happens for me. Since I’ll be currently married to him, will I get benefits from a deceased spouse?
R.F.
Thank you for your question, Elizabeth. Generally, an applicant for surviving spouse benefits must meet a 9 months duration-of-marriage requirement.
If your “new” spouse is a Social Security beneficiary, you may want to check to see if you’re eligible for a higher benefit amount, you must be married for one year before you can get spouse’s benefits.
Patricia J.
I have just turned 65 and I was wondering if I can still collect my ex husbands as to whom I was married to for 21 years. I have remarried.
R.F.
Hello Patricia, you may be able to receive benefits on your ex-spouse’s record (at age 62 or older) 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!
JO A.
I HAVE BEEN TOLD BY THE SOC SEC OFFICE YOU CAN NO LONGER DRAW OFF OF A LIVING DIVORCED SPOUSE IS THIS TRUE? THANX
R.F.
Hello Jo Ann. There are new rules for deemed filing for retirement and spouse’s (divorced spouse) Benefits. See “What do the Recent Claiming Changes Mean for Me?” for more information.
If you are divorced and your marriage lasted at least 10 years, you may be able to get benefits on your former spouse’s record. Keep in mind, if you are eligible for retirement benefits on your own record and divorced spouse’s benefits, we will pay the retirement benefit first. If the benefit on your ex-spouse’s record is higher, you will get an additional amount on your ex-spouse’s record so that the combination of benefits equals that higher amount. See “If You Are Divorced” for more information.
We hope this information helps!
Virginia D.
I do not see a link to apply for my spouses benefits
R.F.
Hello Virginia. Click here, then go to the “How Do I Apply” section.
Thanks!
Jerry O.
JerryOConnorNY@gmail.com
JO A.
SOMEONE TOLD ME THAT YOU CAN NOT DRAW OFF OF A LIVING SPOUSE ANYMORE IF YOU ARE DIVORCED FROM HIM/HER IS THIS TRUE? I CERTAINLY HOPE SO!
R.F.
Hello Jo Ann, if your marriage lasted 10 years or longer, you may be eligible to receive benefits on your ex-spouse’s record at age 62 or older.
See our Retirement Planner: If You’re Divorced for other eligibility requirements and more detailed information.
As a divorced spouse, If you are eligible for benefits both as a retired worker and as a divorced spouse and are not yet full retirement age, you must apply for both benefits. You will receive the higher of the two benefits. See “What do the Recent Social Security Claiming Changes Mean for Me” for more information on the new law. Thanks!
Joan C.
How much can I collect on my ex spouses social security. I am widowed from my second husband. My ex spouse is alive and is collecting social security. I heard that it is I/2 of his Social Security if mine is lower.
A.C.
Hi, Joan. Your benefit as a divorced spouse is equal to one-half of your ex-spouse’s full retirement amount (or disability benefit) if you start receiving benefits at your full retirement age. Keep in mind that if you begin to receive benefits at age 62 or prior to your full retirement age, your benefits are reduced. Unfortunately, these reduction factors are permanently applied to all benefits in which you may qualify, this would include your divorced spouse’s benefits. Also, keep in mind that if you are eligible for retirement benefits on your own record, we pay that amount first. If the benefit on your spouse’s record is higher, you will get an additional amount on that record so that the combination of benefits equals that higher amount. See our Retirement Planner: If You Are Divorced for more information.