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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Safe a.
My ex spouse and I are divorced. I am disabled due to him. I am inelligible for ssdi because he wouldn’t permit me to work and credits etc.. is there anyway to collect ssdi under his social security under disability or ? I had a brain injury along with other things. Told I have brain atrophy. He is supposed to pay alimony but hasn’t worked on record since at least 2011. I am afraid to go back and try to collect the reduced payment the judge told him he had to pay. First it was 600.00 but he had it reduced to 300.00 . I am in a safe at home program. Thank you for your time and consideration.
V.V.
Hi There. Check out our web page for details on who qualifies for Social Security divorced spouse’s benefits.
Please, call our toll free telephone number at 1-800-772-1213 for further assistance. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. or contact your local office directly.
Susan S.
I have an acct but can’t seem to find a place to log on properly. I need an appt since I have recently divorced. I was trying to make an appt to talk w/a SS agent re: benefits. I live in Chandler and was told to come to Mesa, AZ when my divorce was final. Please call me at 480-654-5335
Francis K.
My spouse and I have been living unmarried for 32 years. We are about to split up. Can she claim “ex” benefits should I die (I’m not anticipating another relationship)? What do I need to do to assure this?
V.V.
Hi Francis, thank you for your question. 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;
• 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.
In cases where a common-law marriage may be involved, Social Security follows the state laws. So, check the laws in your state. For more information, please visit our Retirement Planner: If You Are Divorced and How Divorce Affects Survivor Benefits.
Brenda K.
Completing an enrollment application at age 62, the form asks for previous marriage into. Do I only list those marriages which lasted at least 10 years?
Vicki P.
I was married to my former husband for 17 years. He paid into SS for years with very nice income. He is now deceased, never having collected any benefits. I remarried at the age of 55. I am now 65 and going to retire. My question is, can I apply for spousal benefits on my first husband.
V.V.
Hi Vicki, thank you for using our blog to ask your question. You cannot get benefits as a divorced widow on your former deceased spouse’s record if you remarried before age 60 and are still married to that individual.
Sandra W.
I would like to collect benefits from my ex-husband’s Social Security. We were married over 11 years. What do I need to do? I am already receiving benefits but it’s just not enough.
Joi P.
how do you find out how much your x spouse benefit is? My x spouse deceased after we divorced 8 years ago.
Cynthia P.
I was married divorced n remarried the same person just shy a total of 10 yrs but was with him unmarried in between just shy of 30 yrs n he died – I m remarried 65 n getting divorced – can I go back to my 1st husbands SS??
A.C.
Hi, Cynthia. We are sorry to hear of your loss. The marriage had to have lasted 10 years or longer. For more information, visit our Benefits Planner: If You are Divorced. Thanks.
I a.
My name is Jose Mangual. I am a widower my wife passed four years ago. I’m 59 years old can I collect on my wife’s Social Security until I turn 65 at which point collect on my Social Security
Marsha K.
need assistance in determining what I will be receiving from my ex husbands benefits.
facts: 1. married over 25 years. 2. not remarried. 3. currently receiving disability myself. 4. don’t understand the January 2,1954 rule. my birthday 6/28/1954.
please send me a code for my account, I must have created an account, didn’t save info. thank you for your help.