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”!
Did you find this Information helpful?
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
Comments
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Nancy C.
If I would start collecting from my ex-husbands social security and he has been collecting it for several year now, would I receive retro-active pay
R.F.
Hi Nancy, and thank you for your question. Individuals must officially file an application to receive Social Security benefits. Generally, we allow retroactivity up to six months for retirement and survivor claimants, only after the applicant has reached his or her full retirement age. No retroactive benefits are payable for any month before individuals reach their full retirement age. If you have additional questions, please continue working with your local office or call our toll free number at 1-800-772-1213 for further assistance. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Generally, you will experience a shorter wait time if you call later during the day or later in the week.
Karla Y.
Hello,
I am looking for directions on how to find out what amount of social security I will receive from my Ex husband. I was a stay at home mother and he worked full time for the airlines. How do I find out an estimate of what to expect for my retirement? He earned way more than I ever did . I meet all the criteria for 50% of his social security when I turn 66. Could you let me know.
Thank you
Karla
R.F.
Hello Karla. Your benefit as a divorced spouse can be 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. Generally, 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.
Generally, during your initial interview to apply for Social Security retirement benefits, we typically explore other possible eligibility that could yield you a higher benefit amount.
You will need to speak with one of our agents. Call our toll free number at 1-800-772-1213, Monday through Friday, between 7 a.m. and 7 p.m. Generally you will have a shorter wait time when you call later during the day or later in the week. Or contact you local Social Security office directly. Thanks!
Laura c.
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Dorothy S.
I want to apply for my share of my ex-husband’s social security benefit. How do I go about that? Where can I go for assistance? What records do I need?
V.V.
Thank you for your question, Dorothy. If you are divorced and currently unmarried, you may be able to receive benefits on your ex-spouse’s record if your marriage lasted 10 years or longer. See our Retirement Planner: If You’re Divorced for other eligibility requirements and more detailed information.
Please call our toll free telephone number at 1-800-772-1213 (TTY 1-800-325-0778) for further assistance. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. or contact your local office directly.
Robin
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Juanita L.
how can I find my ex spouses social security number
Jeff s.
I’m a civil servant. I don’t have my minimum quarters to claim SS
At 62 I can claim on my ex-spouse SS will that be reduced for any reason ?
I will be retired by then and living on my postal service pension
Patricia z.
Can i collect benefits from my ex spouse whom i was married to for 19 yrs if he died then i got remarried
R.F.
Hello Patricia. If you are the divorced spouse of a worker who dies, you could get benefits the same as a widow, 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.
We hope this information helps!
Rhonda D.
I am 60 years old and entitled to part of my 58 year old x husband. do i have to wait until he is 60 before I receive my share of his cpp
R.F.
Hello Rhonda. If you are divorced, but your marriage lasted 10 years or longer, you may be able to receive benefits on your ex-spouse’s record at age 62 or older. Also, your ex-spouse must be entitled to Social Security retirement or disability benefits.
For complete information on the requirements for divorced spouse’s benefits, read “If You Are Divorced“. Thanks!
Lynn A.
I’m turning 62 years of age at the end of the month. I cannot find the form to fill out so I can receive monies from my ex-spouse. We were married over 20 years.
I really would like to fill out the form on-line because I am on disability, Please help. Thank you.
R.F.
Hello Lynn, if you’re currently receiving benefits on your own Social Security record, you cannot apply online for retirement benefits or benefits as a spouse (divorced spouse). Keep in mind that when you are eligible for benefits on your own record and divorced spouse’s benefits, we will pay your 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.
To see if you’re eligible for a higher benefit amount on your ex-spouse’s record, you must speak to 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 you can contact your local office directly. Thanks!