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
Comments
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Steven L.
How much of my monthly ss amount is my wife entitled.
V.V.
Hi Steven. For your wife to qualify for spouse’s benefits on your record, you must be receiving retirement or disability benefits. Also, if your wife is receiving Social Security benefits on her own record, we pay that amount first. But, if she also qualifies for a higher amount on your record as a spouse, she may be able to get a combination of benefits that equals that higher amount.
You wife’s spousal benefit amount is equal to one-half of your full retirement amount. If she files for benefits prior to her full retirement age, benefits are reduced.
Visit our Retirement Planner: Benefits For Your Spouse for more information.
Bobbie
So,from what I understand, my X husband gets almost 1700 a month but I get 860 so therefore I won’t get his because half of his is equal to mine.I’m confused!!
Donna L.
I AM 65 YEARS OLD AND HAVE STARTING TO COLLECT MY SOCIAL SECURITY.
I AM DIVORCED
WE WERE MARRIED 30 YEARS AND MY EXHUSBAND STILL WORKING, HE IS 73 AND STILL WORKING.
HOW DO I FIND OUT IF I QUALIFY FOR A PORTION OF HIS SOCIAL SECURITY BENNEFITS
Linda
What if my ex spouse dies before he filed for social security benefits am I still entitled to his benefits
Mike m.
Does the money my ex wife gets from her filing on me reduce the money I get.
A.C.
Hi, Mike. The amount of benefits your ex-spouse may get has no effect on the amount of benefits you or a current spouse may receive. For more information, check out our Benefits Planner: Retirement Benefits for Your Divorced Spouse. We hope this helps.
Dorothy T.
I am an unmarried 64 year old woman and my unmarried ex-husband died in 2007. I have been told by an AARP representative that I can collect SSI benefits against my ex-husband’s SSI account from now until I retire. I have also been told that when I retire at 70 I can then choose to collect on my own SSI and stop collecting on my ex-husbands account if my account is more money per month. Is this information correct? Are there any salary restrictions if I collect on my ex-husband’s account?
A.C.
Hi, Dorothy. Thanks for your question. If you were married to your former spouse for at least 10 years, and you are not eligible for a higher benefit on your own record, you may be eligible for benefits on his record as early as age 62. For more information, visit our Benefits Planner: Survivors|If You Are The Survivor. You are subject to an earnings limit if you are under your full retirement age. In 2019, the earnings limit is $17,640. Check out our publication, How Works Affects Your Benefits, for additional information. We hope this helps.
Marie D.
I I would like to know when you are going to reverse the “double dipping rules” that keep people from drawing social security if they are getting a government pension. If i had worked for the goverment the 10 years I worked in private industry,
my government pention would be a lot more than what social security plus my government pension would be because I woud have had over 40 years of government service instead of 30 years.
Peggy
I’m recently divorced and need to know what my ex husbands benefits will be, how can I do that. I don’t know his ss number.
V.V.
Hi Peggy, 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. For eligibility details, check out the Retirement Planner: If You’re Divorced.
For your security, we do not have access to your information in this venue. To inquire about potential benefits on your ex-spouse’s record, you will need to contact your local Social Security office or call our toll free number at 1-800-772-1213. Representatives are available to help you Monday through Friday between 7 a.m. and 7 p.m.
Linda P.
Please help. When I divorced my husband the judge said that I was to collect 200.00 a month for the rest of my life. Will I continue to receive this when he dies?
V.V.
Hi Linda, thank you for using our blog. We cannot speak about details in a divorce decree. However, Social Security has divorced spouse’s benefits and surviving divorced spouse benefits.
Susan M.
dude, HOW DO I ACTUALLY APPLY FOR BENEFITS FROM MY EX SPOUSE ? What form do I use? This basic information is severely lacking in all of the information on the subject. PLEASE MAKE THIS PLAINER.
V.V.
Thank you for your question, Susan. If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse’s record if:
• 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.
See our Retirement Planner: If You’re Divorced for other eligibility requirements and more detailed information.
To see if you qualify for a higher benefit than what you are currently receiving, you may call our toll free telephone number at 1-800-772-1213. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. or contact your local office directly.