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
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Mary A.
We are divorced and we both have cancer and wanted to remarry again. We’re both on sad would they cut our benefits
V.V.
Hello Mary Ann, if you get Social Security disability or retirement benefits and you marry, your benefit will stay the same. See “If I get married, will it affect my benefits” for more information.
jesus p.
thank you for this info, god bless
pauline j.
my ex-husband, Thomas R. Beausoleil died 10-11-18, we were married 8-1-87 and divorced `0-14-97. Am I eligible for benefits from him
V.V.
Hi Pauline. We are very sorry for your loss. Check out our Frequently Asked Questions web page on who can get survivor benefits and how to apply.
For additional information, visit our Surviving Divorced Spouse webpage.
Michele A.
I lived with my husband for ten years and was considered a dependent on his tax returns two years before he passed.
We were married six months before he unexpectedly died during cancer treatment. Is there any way I can receive his SS payment?. I was a working professional until I met him. There is no way, in this employment environment, I will be making in eight years what I was making ten years ago.
Any help would be appreciated.
V.V.
Hi Michele, we are very sorry for your loss. Generally, a surviving spouse or widow meets the marriage requirement if the marriage took place no later than 9 months immediately preceding the day on which the worker died. However, there are some exceptions to that. To learn more, visit our Survivors Planner. To inquire about potential 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.
Full S.
My Ex husband passed away recently. I am 69 I am receiving half of his Social Security now. Do I qualify to receive his Full Social Security. We were married over 10 years.
V.V.
Hi there. We are very sorry for your loss. If you already receive benefits as a divorced spouse, under your ex-husband’s record, your benefit will automatically convert to surviving divorced widow’s benefits after we receive the report of death. To inquire about the benefit conversion, 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.
Donna T.
What do I need to bring to a appointment to start pulling ex-husband retirement… I am still working and do not intend to retire until full coverage.
Candace
I was informed that I could draw my ex-deceased husbands social security. My question is: will the current wife be able to draw on his benefits also when she becomes eligible. I’m curious as to how that works. Everything I’ve read seems to say that the current spouse is not affected, but if I were to draw on his for a period of time, will there be anything left for her.
V.V.
Candace, thank you for your question. The amount of benefits you may receive on your deceased ex-spouse’s record has no effect on the amount of benefits their current spouse may receive. For more information, go to our Benefits Planner Survivors Page “If You’re The Worker’s Surviving Divorced Spouse.”
Dale j.
what i cant understand to save my life is how do all the illegals that flood into the USA. get social security bennifets food stamps medicare, and they have never paied not one dime into social security?
Eva A.
How do I apply for ex-husbands ss , he is not passed but his wife has passed. He did not pay child support for 42 years and lives in another state than I do?
R.F.
Hello Eva. If you are divorced and your marriage lasted at least 10 years, you may be able to get benefits on your former spouse’s record. See our Retirement Planner: If You Are Divorced for more information. Thanks!
Debra J.
I know I need a copy of our divorce decree along with other dcmts. Can the divorce decree be a copy or does it have to be the original???