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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Sandra V.
I can’t find my marriage certificate in California . The chapel has seen burnt down. However, I did a state wide search. Still no luck. I was married 23 plus years. Divorced Sept. 2006. While we lived in Arizona. Is there anything else I can use? I’m applying for benefits as he is now passed away.
R.F.
Hello Sandra. Even if you don’t have all the documents we need, you should still submit the application and any documents you do have. You can provide the missing documents later or we may be able to help you get them. In many cases, your local Social Security office can contact your state Bureau of Vital Statistics and verify your information online at no cost to you. If we can’t verify your information online, we can still help you get the information you need. If you delay submitting the application, you could lose some benefits you may be due.
Please call our toll free number for further assistant. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Thanks!
Sheri C.
I’m trying to figure out my retirement, I was married for 26 years and divorced 4 years ago. How do I find out what dollar amount I would receive from my ex-husband
R.F.
Hi Sheri, our Retirement Estimator gives you future estimates of your monthly Social Security benefits based on your actual Social Security earnings record. In addition, we have a variety of other calculators to help you plan for the future. Which calculator you choose depends on what you want to do. Also, you can create a my Social Security account. With your personal my Social Security account, you can verify your earnings, get your Social Security Statement, and much more.
See our Retirement Planner.
If you are divorced, you may still be able to get benefits on your ex-spouse’s record. However, if you qualify and apply for your own retirement benefits and for benefits as a spouse, we always pay your own benefits first. If your benefits as a spouse are higher than your own retirement benefits, you will get a combination of benefits equaling the higher spouse benefit.
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.
Thanks & Happy planning!
Reine D.
How do I apply to get spousal benefits from my ex husband?
R.F.
Please visit our “If You Are Divorced” web page for information on this topic. Thanks!
Deean S.
I’m trying to find out if I can collect social security benefits from my ex-husband. He recently started collecting benefits. We are currently getting a divorce and have filed the paper work. We’ve been separated for over a year now and he lives in Louisiana while I live in Mississippi. I’m 55 years old, and he’s 63 years old. Do I have to be 62 to collect from his benefits? I’m singe and living on my own.
R.F.
Hello Deean. If you are divorced, but your marriage lasted 10 years or longer, you may be eligible for divorced spouse benefits at age 62. See “If You’re Divorced” for more information. Thanks!
Cathy A.
My ex spouse passed away last night Roy Samuel Frazier, his social security I have asked for a copy of his death certificate. So what do I need to do?
R.F.
Hello Cathy. You cannot report a death or apply for survivors’ benefits online.
If you are the divorced spouse of a worker who dies, you could get benefits the same as a widow or widower, provided that your marriage lasted 10 years or more. See our Benefits Planner: Survivors | If You Are The Survivor for more information.
To report a death or apply for survivors benefits, please contact your local Social Security office or 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. Thanks!
Lynne
My spouse receives reduced SS benefit since he was a police officer. Would he be eligible to collect under my benefit?
Also if I collected half his benefit and later start collecting my own benefit
Thanks
yolanda c.
i was married 30yrs then divorce 4yrs then he died. im 57yrs living on $700.a month , i never work always depended on my x even after divorce, im thinking of appling for widow disablity benifits . what i want to no is whats the differents in $$$$ if i aplie now for disablitiy or just wait when im 60yrs old to appile for ss widow benifits.
R.F.
Hello Yolanda. A widow or a surviving divorced spouse of persons who worked long enough under Social Security may be eligible for reduced benefits at age 60 (age 50 if disabled). You may be eligible for benefits if you are between ages 50 and 60 and you meet the definition of disability for adults, and the disability started before the worker’s death or within seven years after the worker’s death.
At this time, we do not offer an online application for survivors’ benefits. If you have specific questions about your case or to apply for survivors benefits, please call our toll free number at 1-800-772-1213 and ask a representative to assist you. Generally, you will have a shorter wait time if you call later during the day, or later in the week. Or you can contact your local Social Security office directly.
We hope this information helps!
Garnett D.
I was married for 24 years, we divorced. But at age 62 I applied for my social security. If my x-husband dies before me then can I claim his benefits instead of mine? I have never remarried nor has he. He JUST started drawing his social security at age 70
R.F.
Hello Garnett. Generally, survivors benefits are paid at a higher rate.
We should be notified as soon as possible when a person dies. However, you cannot report a death or apply for survivors benefits online. You will have to contact us to see if you are eligible for a higher benefit amount on your ex-husband’s record.
See our “Benefits Planner for Survivors – If You Are The Survivor” for more information. Thanks!
Gary L.
You should state that there is no benefit to a former spouse in waiting from full SS retirement age to age 70 to collect on a former spouse’s benefits, as I understand to be the case.
R.F.
Hello Gary. If You Are Divorced: 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. The benefits do not include any delayed retirement credits your ex-spouse may receive.
Janet L.
How do I apply for benefits from my first husband. We were married 11 years and divorced. I did remarry but he committed suicide 2 years ago. He did not have any life insurance. It was not worth it because he battle depression and always threaten suicide. We were married for 19 years.It is tough to exist on my social security. My mortgage takes half of my social security. My pension($158.00/month) pays for medicare supplement.
I did needed to retire at age 62 since I had no income even though I have 3 college degrees. I have had heat assistance from the state of Michigan, $1200 is the cap. When I ran out of propane my mom fulled the tank to get me though the summer.She is 87 years old. I am really thinking about my future at age 66. I am unable to work due severs back pain from spinal stenosis, bone spurs, sciatica, curvature of my spine. I am receiving treatment but nothing has worked. Even the pain medicine does relieve the pain. . What I want to know can I apply to receive something from my first husband’s social security?
R.F.
Hello Janet. Unfortunately, and because of security reasons we do not have access to personal records in this blog.
To see if you’re eligible for a higher benefit amount than what you’re receiving right now, you will need to speak with one of our agents. Please contact your local Social Security office or call our toll free number at 1-800-772-1213 for assistance. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Generally, you will have a shorter wait time if you call later during the day or later in the week. Thanks.