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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Dontrae G.
My mother was receiving social security but passed away in march…my uncle said I might be entitled to a death benefits check…is this true? If so what do I need to do?
R.F.
We are sorry for your loss, Dontrae. Generally, survivors benefits can be paid to the minor children and the surviving spouse. See our Benefits Planner: If You Are The Survivor for more information.
If you’re eligible and need to apply for benefits, call 1-800-772-1213 (TTY 1-800-325-0778). You can speak to a Social Security representative between 7 a.m. and 7 p.m. Monday through Friday. You can also visit your local Social Security office. An appointment is not required, but if you call ahead and schedule one, it may reduce the time you spend waiting to speak to someone.
We hope this information helps!
Denise
So I’m disabled and struggling badly 3 months from age 62 I can apply for benefits on rd husband or does he have to be disabled or dead
R.F.
Hello Denise. Generally, a divorced spouse may be able to receive benefits on the ex-spouse’s record starting at age 62 or older. Your ex-spouse must also be entitled to Social Security retirement or disability benefits. See “If You’re Divorced” to learn of the requirements to receive benefits on your ex-husband’s record.
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.
Our system is set up to take applications three months in advance. When you are ready, you can complete the online application for your Social Security retirement benefits in as little as 15 minutes.
Thanks!
Mary A.
What process is there to see if I can claim some of my ex husbands social security. We were married 10 years and have been divorced 30 years and I have not remarried. I have already started drawing my social security and I am 67 years old. Can you help me?
R.F.
Hello Mary. Generally, during your initial interview to apply for Social Security benefits, we typically explore other possible eligibility that could yield you a higher benefit amount. However, you can call our toll free number at 1-800-772-1213 and ask one of our agents to assist you. Representatives are av
Remember, if you are eligible for retirement benefits on your own record and divorced spouse’s benefits, we will pay the retirement benefit available Monday through Friday, between 7 a.m. and 7 p.m.
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.
See “If You’re Divorced” for more information. Thanks!
Horace J.
I retired due to heart trouble and illness. After open heart surgery and an Aortic Valve replacement I was diagnosed with Melanoma. Later I was diagnosed with Metastatic Melanoma which is in several parts of my body. Should I have retired on disability or can I change to disability and draw more.
R.F.
Hello Horace. If a person has reached his or her full retirement age (Currently 66) and is receiving Social Security retirement, they will not be eligible for disability benefits.
If you applied for early retirement and are currently receiving benefits now, but have not reached your full retirement age yet, you can apply for disability benefits.
We can continue your current payments until we receive a medical determination on your disability claim. If you are approved for disability benefits, we will adjust your payments accordingly.
To apply or if you need further assistance, you can call our toll free number at 1-800-772-1213. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Generally, you will experience a shorter wait time when you call later during the day or later in the week.
Please do not delay applying for benefits, even setting up an appointment weeks in the future will establish a protective filing date, so we urge you to get on the calendar to protect your benefits. We hope this information helps.
Jeff B.
I am 60 years old. My wife passed away in May of 2013. Am I eligible to start collecting on her SS now?
R.F.
Hello Jeff. Widows or widowers of persons who worked long enough under Social Security are eligible for benefits at age 60 (age 50 if disabled).
You cannot apply for survivors benefits online. To apply for benefits, call 1-800-772-1213 (TTY 1-800-325-0778). You can speak to a Social Security representative between 7 a.m. and 7 p.m. Monday through Friday. You can also visit your local Social Security office. An appointment is not required, but if you call ahead and schedule one, it may reduce the time you spend waiting to speak to someone.
We hope this information helps!
Jason P.
hi I’m the girlfriend of 20 years of an ex cop. he has been separated and estranged from his wife for 20 years, He wants to leave his pension to me.
how can we do this
A.C.
Hi. When person dies, family members may be eligible for benefits based on the deceased worker’s earnings. If a person dies and there are no eligible survivors, any unused money goes to the Social Security trust funds. For more information, please read our publication, “Understanding the Benefits.” Thanks.
Linda W.
if i receive disability can i still collect my ex husband social security. If so what are the guidelines? I will be 62 in October.
R.F.
Hello Linda. 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 our Benefits Planner: If You Are Divorced for more information.
Thanks!
Stephen P.
Must my ex-spouse take the Social Security benefits she qualifies for based upon my income? My ex has elected NOT to take her share, for reasons which I do not know. Also, as I am 72 but NOT retired, has does that affect her SS payments, should she elect to receive them? Thank you.
R.F.
Hello Stephen, if your ex-spouse is eligible for retirement benefits on their own record, we will pay that amount first. If the benefit on your record is higher, they will get an additional amount on your record so that the combination of benefits equals that higher amount. Generally, during the initial interview to apply for Social Security benefits, we typically explore other possible eligibility that could yield the claimant a higher benefit amount. We pay the highest benefit amount the claimant is qualified to receive.
Also, if you have not applied for Social Security retirement benefits, but can qualify for them, your ex-spouse can receive benefits on your record if you have been divorced for at least two years. See “Benefits For Your Divorced Spouse” for more information.
Just a reminder: Social Security retirement benefits are increased by a certain percentage (depending on date of birth) if you delay your retirement beyond full retirement age. The benefit increase no longer applies when you reach age 70, even if you continue to delay taking benefits.
See our Retirement Planner for more information. Thanks!
Mary M.
If spouse was a military career officer does he collect SS?
Thank you…mmoseley@nvcc.edu
V.V.
Hi Mary, thanks for your question. Generally, there is no reduction of Social Security benefits because of military retirement benefits. Please visit our Benefit Planner: Military Retirement And Social Security Benefits for more information. However, Social Security survivor benefits may affect benefits payable under the optional Department of Defense Survivors Benefit Plan. Your spouse may want to check with the Department of Defense or military advisor for more information.
Helen F.
My ex spouse has left his job. He is 63. We have a alimony agreement from the courts I am to receive alimony until his death. I have no contact with him. His former employer was ordered by the court to deduct from his pay check every week and payment was sent to the court for my payment. Now I have not received a payment since 6-6-18. I don’t no how to find out where he may be working or not working. I need to no if he is drawing SS. How do I receive my payments from him. Please help me.
Thank you
Helen Frank’s Darby
His full name. Lester Wayne Darby. *** – ** – ***. His SS number . Date of birth 6-7-1955.
R.F.
Hello Helen. Social Security records are confidential and we do not disclose information, unless we have proper authorization or consent. For general information on the laws allowing the garnishment of Social Security benefits, see our Frequently Asked Questions web page.
We hope this information helps!