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
Comments
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Catherine B.
I would like to know how to go about and open a social security on my ex husband’s account so that I can freeze my own account until I’m 66 yrs old?
His SS# is: *** – ** – ***
My SS# is: *** – ** – ***
Kathy K.
My ex husband legally married 3yrs but common law for 23 shot me in the head was charged with premeditated attempted murder judge awarded me half his social security but now social security says no cuz not married for 10yrs why did the judge say it was awarded to me
R.F.
Hello Kathy, we regret to hear of your situation. Social Security benefits are administered based on existing laws. A person must meet certain factors of eligibility to qualify for these benefits.
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. See “If You Are Divorced” for information on complete eligibility criteria.
Also, in cases where a common-law marriage may be involved, Social Security follows the state laws for eligibility purposes.
We hope this information helps to clarify your concern. Thanks!
Leigh H.
How do I begin the process of getting ex spouses benefits. One has passed away, the others have remarried. Do I have to have their SS #?
Thank you
R.F.
If eligible, do not delay applying for benefits because you do not have all the documents or you’re missing some information. We will provide guidance and assistant to help you in getting what you need.
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.
For information on the requirements for Divorced Spouse’s Benefits, read “If You Are Divorced“.
It is possible for a person to be eligible for Social Security benefits on more than one record at the same time. However, we are only going to pay the highest benefit amount – meaning that you will only be allowed to receive one payment.
We hope this information helps!
Terry T.
I am 67, but am still working full time. Can I get benefits from my ex-husband?
V.V.
Hi Terry, thank you for your question. You may be able to get divorced spouse’s benefits but, under existing law, if you are eligible for benefits both as a retired worker and as a divorced spouse, you must apply for both benefits and you’ll receive the higher of the two benefits. This requirement is called “deemed filing” because when you apply for one benefit you are “deemed” to have also applied for the other.
However, if you turn 62 before January 2, 2016, deemed filing rules will not apply if you wait to file at your full retirement age or later. This means that you may file for either your divorced spouse’s benefit or your retirement benefit without being required or “deemed” to file for the other. See our Deemed Filing For Retirement And Spouse’s Benefits FAQs web page for details.
Ken B.
I am currently receiving SSDI at age 50, can I use my ex spouses work record to increase my benefit, I was married for 17 yrs?
V.V.
Hi Ken, thank you for your question.
See our Retirement Planner: If You are Divorced for information on divorce spouse’s benefits.
If your ex-spouse is deceased, so our Survivors Planner: Surviving Divorced Spouse.
Rita M.
What documents do I need to bring to Social Security to apply for a deceased exspouse?
R.F.
Hello Rita. Please visit our “Information You Need to Apply for Widow’s, Widower’s or Surviving Divorced Spouse’s Benefits” web page. Thanks!
DANIEL E.
well my wife passed in 2014 her name was mary ann sherfield Ealey we was married for 4 years and she was receiving ssi and disability and I don`t thick or belive anyone should have to be 62 or 65 to receive benefits cause people really need help out here now of days so please call me at 7868628023 thank you and have a great day.
Z. A.
Somewhere I read that a spouse who is receiving Social Security payments will receive an increased amount of Social Security if a divorce occurs.
Elaine D.
I would like to see if I now qualify for spousal benefits
nilda c.
if my husband of 33yrs we are still married living together he cant work any more but I receive my social security but he is only 57 yrs old and he applys for ssi due to his illness cant I get his benefits cause its higher than mine and my little benefits doesn’t paids our bills
V.V.
Hi Nilda. For you to qualify for spouse’s benefits on your husband’s record, you must be 62 years old and your husband must be receiving Social Security retirement or disability benefits. In addition, if you qualify for retirement benefits and for benefits as a spouse, we always pay your retirement benefit first. If benefits as a spouse are higher than your retirement benefit, you will get a combination of benefits equaling the higher spouse benefit. Visit our Retirement Planner: Benefits For Your Spouse for more information.