Disability, General, Retirement, Survivors

Ex-Spouse Benefits and You

May 14, 2015 • By

Reading Time: 2 Minutes

Last Updated: March 28, 2022

A worried woman holds her ring finger- she's been through a divorce.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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About the Author

Doug Walker, Deputy Commissioner, Communications

Deputy Commissioner, Office of Communications

Comments

  1. Annette K.

    My spouse passed on July 29,2018 and he and I were married and had reported to social security, as of now I was collecting my own social security , but now he passed will I get his social security as his is more than mine? I got my social security ck on the third of august and will I receive his social secity ck balance of mine? He was divorced does his x wife get more then she receives as she never worked.. My email is aklg61@yahoo.com thanks

    • R.F.

      We are sorry to hear of your loss, Annette. Unfortunately, we do not have access to personal information, therefore, we do not do direct messaging in this venue.
      If you were already receiving benefits as a spouse, your benefit will automatically convert to survivors benefits. In the other hand, you can only apply for benefits as a widow if the retirement benefit you receive is less than the benefits you would receive as a survivor. If this is the case, and to apply for a higher benefit amount as a widow, you will have to contact us, as you cannot apply for survivors benefits online. We try to continue paying benefits while we adjust your “new” benefit amount accordingly and finalize this transition. A surviving divorced spouse, could get benefits the same as a widow.
      For further assistance, 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. Thanks.

  2. Karen S.

    I was told that I could collect from my deceased ex husband. How can I find out. I was his first wife

    • R.F.

      Hello Karen. 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.
      You cannot apply for survivors benefits online. If you 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.
      Visit our Benefits Planner: Survivors | If You Are The Survivor for more information. Thanks!

  3. Roxann R.

    I am disabled, receiving SSI, own a mobile home in a park. Lot rent is getting too expensive $400 a month and my SSI is $750.. I would like to sell my home, purchase property and build a tiny home, which would be more financially efficient for me. Would i lose my SSI during that process?

    • R.F.

      Thank you for your question, Roxann. The Supplemental Security Income (SSI) program is a needs-based program that provides cash assistance to disabled adults and children who have limited income and resources. Changes on your income, resources, and living arrangements can affect your eligibility or monthly payment.
      See Understanding Supplemental Security Income Redeterminations for more information, or call us at 1-800-772-1213. 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.

  4. Carmen C.

    I’m still married with a retired man,for 40 years,he is 73, I’m not eligible to recibe nothing yet???

  5. JoAnn B.

    If my husband died in 1998 (born in1946) and I apply to receive benefits under his name, are the SS benefits I receive if I apply now be based on his date of death or based on the age of 70 should he have lived longer. I am currently age 63.

    • R.F.

      Hello JoAnn, your survivors benefit amount is based on the earnings of the person who died. The more they paid into Social Security, the higher your benefits would be. The monthly amount you would get is a percentage of the deceased’s basic Social Security benefit. It depends on your age and the type of benefit you are eligible to receive.
      For more information, visit “If You Are The Survivor“. Thanks!

  6. Catherine L.

    I am married at this time and started collecting bennifits at 62. My husband is 66 and just received his first SS check. Will my amount go up since he is receiving payments now?

    • R.F.

      Hello Catherine. Generally, we ask for information on the claimant’s marriage during his or her interview, when applying for Social Security benefits. We explore possible eligibility for a higher spouse’s benefit, when the claimant’s spouse is already receiving benefits. However, you always want to be sure.
      To find out if you are eligible for a higher benefit on your husband’s record, you will need to speak with a Social Security representative. You can call our toll free number at 1-800-772-1213, Monday through Friday, between 7 a.m. and 7 p.m. Or visit your local Social security office. Thanks.

  7. Julie L.

    Can or what can I get if I use my ex’s as benefits? His number is: XXX-XX-XXXX

    • R.F.

      If you are divorced, you may still be able to get benefits on your ex-spouse’s record. For information on the requirements for Divorced Spouse’s Benefits, read “If You Are Divorced“.
      Just a reminder – We do not have access to personal information, please be cautious about posting personal information on social media channels. Thanks!

  8. Jean B.

    I am trying to see if I qualify for my ex-spouse social security? I was married to him for over ten years. He died in August of 2012. I am 60 and remarried as of age 60, do I still qualify to receive his social security benefits?

    • R.F.

      Hello Jean, 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. If you remarry after you reach age 60 (age 50 if disabled), the remarriage will not affect your eligibility for survivors benefits.
      You cannot apply online for survivors benefits. Please call our toll free number at 1-800-772-1213 (TTY 1-800-325-0778) to request an appointment. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Thanks!

  9. Margarida A.

    My ex husband passed away recently in the State of Texas, he ran away from my kids when they were little, know that they are adults and I remarried can either of us receive any social security from the state of RI where he used to live, and he owns child support for over 12 years witch he didn’t pay.

  10. Jean H.

    I would like to meet with someone to discuss if I am eligible to receive more benefits from my ex-husband’s social security than from my own, which I am currently receiving. My ex-spouse Is still living, but I am single now. My second husband is deceased. I live in Culpeper, VA and would like to meet someone at the Culpeper office. Also, what do I need to bring to this meeting?

    • R.F.

      Hello Jean. Some of our local offices do offer walk-in appointments; however, these appointments are on a first come, first serve basis.
      You can speak with one of our agents about your situation, please 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 have a shorter wait time if you call later during the day or later in the week. Thanks!

Comments are closed.