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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Cheryl C.
I was a widow and I remarried
If I get a divorce from my current husband and my eligible to receive spousal benefits again from my deceased husband
A.C.
Hi, Cheryl. Thanks for your question. If you are the divorced spouse of a worker who died and you are no longer married, you may be eligible for benefits just the same as a widow or widower. For more information, please visit our web page, Survivors Planner: If You’re The Worker’s Surviving Divorced Spouse. For specific questions about your eligibility, you can call us at 1-800-772-1213, Monday through Friday, between 7:00 a.m. and 7:00 p.m., for assistance. Generally, you will have a shorter wait if you call later in the day. You can also contact your local Social Security office. We hope this helps.
Jane F.
I was to receive a phone call this morning from Social Security at 9:07 in reference to collecting SS off my ex spouse. The appointment was made weeks ago and confirmed on my voice mail last week. Social Security never called. I have tried relentlessly to get in touch with them this morning, to find out what I do. There is no way to do so. When calling the main number you are cut off saying it’s to busy to take calls. So what do I do?
Joseph A.
I was married for 10 years. My ex wife is 2 years younger. She remarried but divorced after 8 years.
Is she entitled to any part of my social security benefits when she retires at 62? If so does that affect my benefits in any way? Will I receive less?Or do I get my full amount?
LINDA L.
Please if someone can clarify my question. I am divorced and receiving half of my exhusbands cpp. He is quite ill now. If he passes away will I cease to receive further payment? He has since remarried does she receive widows payments or do I upon his death? Please, someone, clarify so I have some idea what to expect.
bob
If my exwife gets remarried and I die does she get have my pension
A.C.
Thank you for your question, Bob. If your ex-spouse marries after age 60, the remarriage would not affect her eligibility for survivors benefits. For more information, please visit our web page, Benefits Planner: Planning For Your Survivors. We hope this helps.
Jane
I was married to my ex for 25 years. We divorced when I was in my forties and I finally remarried at 57. I realize remarriage before 60 disqualifies me from collecting benefits from ex’s social security at this time. If, however, g-d forbid, I was to be widowed, would that requalify me for divorced spousal benefits? And, would it be dependent on whether my ex is still alive and collecting his own ss…Also, he has remarried. Thank you for replying (phone calls involve a 45 to 60 minute wait time!)
A.C.
Hi, Jane. Thanks for your question. To be eligible for divorced spouse benefits, the marriage had to last for at least 10 years. Generally, we cannot pay benefits if the divorced spouse remarries someone other than the former spouse, unless the latter marriage ends (whether by death, divorce, or annulment), or the marriage is to a person entitled to certain types of Social Security benefits. For more information, visit our Benefits Planner: If You Are Divorced web page. We hope this helps.
Helene R.
I have my Certified Divorce Decree of Resolution and need to know how and where to go to setup collecting my ex’s Social Security.
Debbie R.
is this what you were told
Cynthia L.
I was married to my ex husband for 36 years. I ask the lady at the social security office if I could draw on his benefits and she told me no. I want to know if she is correct and why
PATRICIA N.
I wa scheduled to receive a call at 11:00 today to discuss my late husband’s benefits since his was higher than mine. I also needed to discuss claiming one-time death benefits. My phone number is 305-972-2653.
I waite but did not receive the scheduled call.