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. Anna J.

    My husband is divorced his first wife has not remarried they were married 25 years. Will his retire check be reduced by 1/2 if his ex wife claims his social security.

    • R.F.

      Hello Anna. The amount of benefits a divorced spouse can get, has no effect on the amount of benefits the worker and their current spouse may receive. See more in “If you’re divorced“. Thanks!

  2. Ethel R.

    May I receive death benefits from my significant other of 26 years,

  3. david g.

    How to get application for divorced husband benefits

    • V.V.

      Hi David. You can complete an application for Retirement and Divorced Spouse’s benefits online. If your ex-spouse is deceased and you want to file for surviving divorced spouse’s benefits, you cannot apply online. To apply for survivor benefits, please call our toll free number at 1-800-772-1213 (TTY 1-800-325-0778) to make an appointment with your local Social Security office. Representatives are available 7 a.m. to 7 p.m. Monday through Friday.

  4. Amanda D.

    I was told that when I turn 60 I would be eligible for my ex-husbands social security but I am having trouble getting his social security number.

    • V.V.

      Hi Amanda, thank you for your question. If your ex-spouse is deceased and you want to file for surviving divorced spouse’s benefits, you cannot apply online. To apply for survivor benefits, please call our toll free number at 1-800-772-1213 (TTY 1-800-325-0778) to make an appointment with your local Social Security office. Representatives are available 7 a.m. to 7 p.m. Monday through Friday. You can also call or visit your local Social Security office. If you don’t have your ex-husband’s Social Security number, they will need additional personal identifying information such as his name and date of birth.

  5. Debbie T.

    I am an abandoned wife. I have not heard from my husband in over 5 years. I do not know his whereabouts but I know he is comfortably collecting SS and a GE Pension while I struggle waitressing at 63 years old to make ends meet.

  6. Barbara L.

    How can I find out the amount of social security my ex spouse is collecting? I meet all requirements to collect on his social security account.

  7. JC

    1) How do I switch from the Spousal Benefits I am receiving based on my ex-spouse to whom I was married for 17 years? 2) What is the best day and time of day to call and schedule an appointment? (I was on hold for what seemed an eternity before I hung up to go to work.) Look forward to your reply. Thanks.

  8. Melissa s.

    My ex husband died at age 50 in 2017. I am now 51. I remarried in 2007. He remarried in 2008. I feel because of my age, I should get his social security benefits? Is there anyway that his wife who is only 37 is able to receive Social Security benefits before me ?

    • A.C.

      Hi, Melissa. Thanks for your questions. If you are the divorced spouse of a worker who died and you are not married, you could get benefits just the same as a widow or widower. Your ex-husband’s surviving spouse would have to meet the entitlement requirements as a widow to be eligible for benefits. For more information, please visit our webpage, Survivors Planner: If You are the Survivor. We hope this information helps.

  9. Rita G.

    So, if I am receiving my own benefits and my ex husband has passed am I able to collect his ss benefits also without any deduction to my amount?

  10. Delores

    I have a sister whom is working but doesn’t make much money she is 62 she called social security and wanted to keep trying to work and draw off her ex husband they told her she couldn’t draw off him because he had his daughter drawing off of him on disability on it whom is between 25-30 yrs old and she works part time at hooters
    I think whom ever told her that was mistaken
    Please clarify it for me

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