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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Carolyn F.
My husband died 1/15 at age 78. I want to report it to stop payments. Where do I go? Also, his benefits are higher than mine, can I apply for his?
How do I make an appointment to bring in his Death Certificate and make these arrangements?
A.C.
Hi, Carolyn. We are sorry about your loss. Typically, funeral homes report deaths to the Social Security Administration directly. You can check with the funeral home to determine if reporting has been done. Since you are already receiving benefits on your own record, you will need to contact us about potential survivors benefits. To learn more about benefits that may be available to you, please visit our Benefits Planner: Survivors-If You Are The Survivor. For any specific questions about your case or to apply, please call 1-800-772-1213 and ask a representative to assist you or contact your local office. We hope this helps.
Michael
Is there specific form to apply for seeing if my ex spouse’s benefits are more than mine . She still works and is 67 , I am 70 and have been collecting for many years , ? please advise which form is needed and can it be done online , ?
V.V.
Hi Michael, thank you for using our blog to ask your question. To inquire about potential benefits on your ex-spouse’s record, you will have to contact your local office or call our toll-free number at 1-800-772-1213. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m.
Margaret H.
If I started collecting benefits at 62 and I’m now 70 my ex 72 what ration of his benefit am I entitled to?
Leah
I cannnot wait 2 years after divorce to receive my husband’s ss ck. I am disabled but never claimed a 2nd time. They denied me and I know God has my back. I want to collec his which is double of mine and should not have to wait 2 yrs to get it. I’m married 30 yrs and my husband took off in the middle of the night. I’m scared to make my bills.
Debbie
If an ex-spouse of dies and they had lived together 37 years, been divorced x6 years and has not remarried…..can the living ex spouse collect the deceased spouse social security and Also Continue to work ? The deceased spouse was on disability social security and the living spouse is 60 years old and has Not remarried..
Mildred A.
Do I apply after 62 or few months before?
A.C.
Hi, Mildred. Thanks for your question. You can apply for Social Security retirement benefits when you are at least 61 years and 9 months of age and want your benefits to start in the next three months. If you are not sure when you’d like to retire, you can still create a personal my Social Security account to review estimates of your retirement, disability, and survivors benefits, your earnings record, and the estimated Social Security and Medicare taxes you’ve paid. For you to be eligible for divorced spouse benefits, you have to be age 62 or older, your ex-spouse has to be eligible for Social Security retirement or disability benefits, and you cannot be eligible for a higher benefit on your own record. For more information on how to qualify, visit our Retirement Benefits Planner: If You Are Divorced web page. We hope this helps.
kathy c.
if i was married for 12 years,divorced 3 years,my ex husband was drawing $1400 a month,my social security was 1200 a month,could i draw 1400 a month,or stay with the 1200 a month,because if i took his it would only be 700 a month,half his monthly
A.C.
Hi, Kathy. Thanks for your question. For youto be eligible for divorced spouse benefits, you cannot be eligible for a higher benefit on your own record. Based on the information you have provided, your own benefit is higher than what you could receive on his record. Check our our Retirement Benefits Planner: If You are Divorced webpage for more information on how to qualify. If you have additional questions, please call our toll-free number at 1-800-772-1213, Monday through Friday between 7:00 a.m. and 7:00 p.m. and talk with one of our representatives. We hope this helps.
Mary J.
I am losing money daily because of the unfair Windfall Elimination Program. I worked for Social Security and should get all of it. I paid the money in and now you’re cheating me.How can I help the fight to get this repealed?
Gloria S.
What do I need to collect on my ex spouses social security
A.C.
Hi, Gloria. Your ex-spouse must be of retirement age (62 or older) or be receiving disability benefits for you to qualify and receive benefits on his record. If your ex-spouse does not apply for retirement benefits, but can qualify at age 62 or later, you can receive benefits on his record if you have been divorced for at least two years. Keep in mind that if a person begins to receive benefits at age 62 or prior to their full retirement age, their benefits are reduced. Unfortunately, these reduction factors are permanently applied to all benefits in which an individual may qualify, this would include your divorced spouse’s benefits. Also, keep in mind that if you are eligible for retirement benefits on your own record, we pay that amount first. If the benefit on your spouse’s record is higher, you will get an additional amount on that record so that the combination of benefits equals that higher amount. See our Retirement Planner: If You Are Divorced for more information. To see if you’re eligible for a higher benefit amount, you will have to contact us when your husband turns 62. We hope this information helps.
Ronald M.
my wife pasted away in december she was 62 never collected any benfits . can I claim any of her benfits I am curtinly receiving benfits now I am 74