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
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Valerie L.
Typo Correction:
25 year marriage ends in divorce. I know a ex-wife (within parameters) can get SS based on her ex-husbands paid in Social Security–even though she was a housewife and never paid in herself–as has been discussed in this article. But what about SSDI? If I NOW have a permanent disability–Can I apply for SSDI based on my husband’s SS record? Also, does receiving a small amount of alimony effect this?
Valerie L.
25 year marriage ends in divorce. I know a ex-wife (within parameters) can get SS based on her ex-husbands paid in Social Security–even though she was a housewife and never paid in herself–as has been discussed in this article. But what about SSDI? If I know have a permanent disability–Can I apply for SSDI based on my husband’s SS record? Also, does receiving a small amount of alimony effect this?
MARIE
I lived with my ex in Conn. for 9 yrs.{Oct/86} Had 2 children {born 87 & 91} and pregnant with third {born in 95} when married {8/94} and divorced {7/98} but we still lived together until 2000. Would I possibly be able to collect any type of soc. sec. benefits from him.
R.F.
Marie, your question is more complex than we can address in this forum. Please call us at 1-800-772-1213 (TTY 1-800-325-0778) between 7 a.m. to 7 p.m., Monday through Friday and speak to one of our representatives, he or she will be able to answer your questions. Generally, you will have a shorter wait time if you call later in the week. Thanks!
Jennifer R.
I am a surviving divorced spouse (married 17 years and not remarried), and will be 66 in February, 2016. My ex died at age 61 and 7 months, and was not receiving social security benefits. When I am 66 his age would be 63 yrs and 7 months.
Once I turn 66, am I eligible to collect any social security benefits on his credits, since he was not 62 when he died? If I am eligible, what % am I eligible for?
Janet M.
I was told that I could collect a portion of my current husband’s social security when I turned 62. Both of us were divorced and married over 10 years each the first time. He is 10 years older than I am and has been on full social security for over 5 years. Is it possible for me to collect from him once I turn 62 and continue to work until I’m 66?
R.F.
Great question Janet. Yes, the earliest you can start receiving Retirement or Spouse’s benefits is age 62. To receive full retirement benefits on your own record or to receive half of your husband’s benefit amount you would have to wait until you reach your full retirement age. If you are eligible for both 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 a higher amount. Please see Retirement Planner: Benefits For You As A Spouse. Also, we have work provisions that allows you to work and receive your retirement benefits. For more information, read our publications: How Works Affects Your Benefits and What Every Woman Should Know. We hope this helps!
Robin
Hi.
I became disabled at age 45 while I was married. We divorced after over 25 years. I remarried. I read somewhere that if I was disabled at under age 50 I could receive my ex-husband’s SS benefits even though I had remarried. I’ve read that it could be if he was dead or just when he reached retirement age. I’ve called SS and have gotten all sorts of answers. Do you have any idea???
Thanks,
Robin
Kristi D.
Hello-
I am on SS disability and my ex husband is 58. Am I eligible “after 50” (I’m 52 now) to apply under his benefits?? Or do I have to wait until he is 62??
R.F.
Thank you for your question Kristi. Generally, If You Are Divorced, and your marriage lasted 10 years or longer, you could receive benefits under your ex-husband’s record when you reach age 62. He would also have to be of retirement age (at least 62), and you must have been divorced for at least two years. We must pay you benefits on your own record first, but if you qualify for a higher benefit amount on his record, then you will get a combination of benefits that equals that higher amount.
Only a widow or the divorced spouse of a worker who dies, could get benefits at age 60 or at age 50 if she is disabled under our rules, provided that the marriage lasted 10 years or more. We hope this information helps !
Joellyn
Can my husband’s first wife claim his Social Security benefits instead of me as his current widow? They were married over 10 years, but so were we; in fact, we were married for a much longer time. They were married when they were in their late 20s and divorced in their late 30s. We have been married since our late 40s, so
R.F.
Thank you for your question Joellyn. Both of you can receive benefits under your deceased husband’s record. A divorced spouse of a worker who dies, could get benefits jut the same as a widow, provided that their marriage lasted 10 years or more. The benefit amount paid to a widow and to a surviving divorced spouse does not affect their benefit rates or that of any other survivors that can receive benefits on the worker’s record.
You may qualify for Widow’s Benefits at age 60 (50 if you are disabled under our rules). If you need more information or to apply contact our toll free number at 1-800-772-1213 Monday through Friday between 7 a.m. and 7 p.m.
Andrea D.
I am 51 years old and I was married for over 20 years. And during that time I was a housewife and raising our children. After our divorce I never remarried and neither will I be going to. After the divorce I moved to Germany and currently I am working (have been for 10 years) and paying into the German retirement system. Nevertheless my salary is very small. That is why I should be drawing benefits from my ex husband since he has always earned much more money. Is it correct that I will receive approx. 50% when applying for benefits at age 67 and around 35% when applying with 62 years? When I apply for benefits on behalf of my husband’s SSN number do they consider my benefits which I will be receiving in Germany as well, which is a very small amount? Would I be getting benefits only for the years I was married or until my ex-husband will apply for social security benefits himself? How will I know when my ex husband will apply for benefits with 62 or 67? Does that even matter? How do I find out how much benefits I can draw from his account? And last but not least how do I apply for getting my SSN statement online? The system asks for an American address, which I do not have. I desperately need advise on this complicated matter.
R.F.
Way to go Andrea, you are beginning to plan ahead of time, and that’s great! You may be eligible for Divorced Spouse benefits at age 62, and your ex-husband does not have to be receiving benefits but must be of retirement age (62) and qualify for retirement benefits. Yes, your benefit as a divorced spouse would be equal to one-half or 50% of your ex-husband’s full retirement benefit amount -only- if you wait to apply for benefits at your full retirement age.
The indication is that you only worked in Germany and may qualify for benefits on your own record under that country’s retirement program. If you qualify for Social Security benefits from both the United States and Germany, the amount of your U.S. benefit may be affected. Also, persons who are not U.S. citizens may receive U.S. Social Security benefits while outside the U.S. only if they meet certain requirements. If you are a U.S. or German citizen, who is eligible for dependents or survivors benefits, you may receive benefits as long as you reside in Germany. We recommend you read the full content of the “Totalization Agreement with Germany” for complete information about your situation.
Also, in order to create a “my Social Security” account, our authentication system requires address verification as one of the essential criteria for issuing an account. People with APO/FPO/DPO addresses can create an account overseas, but our system does not support registration and account creation for users with a foreign address. In your case, you can print a “Request for Social Security Statement” and mail it to the address provided in the form. You can also contact the local U.S. embassy or consulate for any assistance related to Social Security programs and benefits. We hope this information helps!
Linda
I have lived on S.S.I. for many years. I was married for 10yrs. He remarried and his wife died many years later. It is now 2015. I would like to know: If he is on S.S. disability will I, being on S.S.I. benefits, be able to receive his S.S. benefits, what percentage and what percentage at 62? What is the actual age of full benefits and what %?
R.F.
Hi Linda! If you meet all other factors of eligibility and your marriage lasted 10 years or longer, you can receive Divorced Spouse benefits on your ex-spouse’s record even if he remarried. Your benefit as a divorced spouse is equal to one-half of your ex-spouse’s disability benefit amount, only if you start receiving benefits at your full retirement age. However, if you are receiving Supplemental Security Income or SSI benefits, you are required to file for benefits under his record as soon as you become eligible at age 62. Remember that your SSI benefit is also based on the income you receive, we will be able to tell you the exact amount of your total benefit amount when you apply. We hope this information helps!