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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Ronald M.
my wife pasted away in december she was 62 never collected any benfits . can I claim any of her benfits
A.C.
We are sorry for your loss, Ronald. You could be eligible for reduced widower’s benefits as early as age 60 (age 50 if disabled). For more information, please go to our Survivors Planner page and read our publication: How Social Security Can Help – When A Family Member Dies. We hope this helps.
Becky E.
In Texas ex-spouses social security and teacher retirement. If all qualification are met, can ex-spouses social security benefits be with received?
V.V.
Hi Becky, thank you for your question. 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.
However, keep in mind that if you didn’t pay Social Security taxes on your government earnings and you are eligible for Social Security benefits, the formula used to figure your benefit amount may be modified, giving you a lower Social Security benefit. A non-covered pension, a pension based on work that is not covered by Social Security (for example, Federal civil service and some State or local government agencies such as police officers and some teachers), may cause the amount of your Social Security benefit to be reduced. Your benefit can be reduced based on one of two provisions: The Government Pension Offset and the Windfall Elimination Provision. See our Information for Government Employees web page for details.
jeanne m.
Do you need permission of your ex-spouse to get their social security instead of your own
virginia m.
Can I apply online for ex-spouse benefits?
Ella H.
want to know if I qualify for ex-husband’s social security benifits
Constance A.
I am trying to find application for ex-spouses social security. My ex-husband of 10 Plus years has retired. How do I apply for his social security? Presently, I receive Disability Social Security. II am 60 years old. From what I understand, on full disability I can get full retirement from express at 60 years old.
Mary
I am already drawing disability benefits. My ex-spouse is applying for disability at this time and he will draw a good deal more than I am drawing. I meet all the qualifications to draw on his record. Can I still draw on his as a divorced spouse and get an increase even though I am already on disability?
Laura H.
My ex has been getting SS since 2004 and he is only 57 , We were married for 19 years and I have not remarried, Any way I can draw half of his?
R.F.
Hello Laura, you may be able to receive benefits on your ex-spouse’s record if:
• You were married to your ex-spouse for at least 10 years;
• You are unmarried;
• You are age 62 or older;
• Your ex-spouse is entitled to Social Security retirement or disability benefits and,
• The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse’s work.
For more information, please visit our Retirement Planner: If You Are Divorced. Thanks!
MM
I am a woman in my 70’s who has a small social security benefit of my own based on the work I had to take after my marriage of well over ten years ended in divorce. My ex=husband’s benefit would be much greater than mine since he had a job as an engineer at rocket dyne for many years. Even half his benefit is greater than mine.
I did remarry, but after the age of 60. My current husband does not receive SS because he was a public school teacher and was not eligible under calpers.
my question is : while my current husband is stilll living, may I apply to receive my half portion of my ex-husband’s award instead of my personal small one since i remarried after age 60? and additionally my current husband is not eligible for ss?
I see plenty of information for widows, but none that address my unique situation .
R.F.
You may be able to receive benefits on your ex-spouse’s record if:
You are age 62 or older;
You were married to your ex-spouse for at least 10 years;
You are unmarried;
Your ex-spouse is entitled to Social Security retirement or disability benefits and,
The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse’s work.
For more information, please visit our Retirement Planner: If You Are Divorced. Thanks!
Cynthia C.
Hi Iam now 58 years of age, i was married to my ex husband for 17 years he now is older than me and collects SS . my second ex husband married for 11 years is also older than me and now collects SS. so my question is how old do i have to be to collect. on either of theirs or both or how does this work . i know that i cannot collect until 62 . but was just wondering about my ex’s .
Thank you Cynthia Campbell
V.V.
Hello Cynthia, thank you for your questions.
You can receive benefits on your ex-spouse’s record if:
• You are age 62 or older;
• You were legally married to your ex-spouse for at least 10 years (if more than one previous marriage, you can file on the highest record);
• You are unmarried;
• Your ex-spouse is entitled to Social Security retirement or disability benefits and,
• The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse’s work.
For more information, please visit our Retirement Planner: If You Are Divorced.