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
See CommentsAbout the Author
Doug Walker, Deputy Commissioner, Communications
Deputy Commissioner, Office of Communications
Comments
Comments are closed.
Glenn B.
If you have been divorced from your spouse since 1999 and your ex-wife has been married twice since then can she still attach herself to my benefits ? Also she has been receiving disability payments from Social Security since the divorce. Any insight into my question would be greatly appreciated.
Lissa W.
I was born in 1960; was married to my former husband for 11 years. Can I still get spousal benefits when I am 62? (he is retired)
Barbara S.
I would like to talk to someone about how much I can receive from my ex-spouse’s benefits. I will be 66 years old on July 16, 2019.
A.C.
Hi, Barbara. To be eligible for divorced spouse benefits, you had to be married to your former spouse for at least 10 years, and you cannot be eligible for a higher benefit on your own record. Here’s some information on how to qualify for divorced spouse benefits, visit our Benefits Planner: If You Are Divorced web page. If you have additional specific questions about possible benefits for you, 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.
Carolyn S.
I was married for 27 years, divorced, my ex husband re married, they were married for 22 years and now divorced , He has since passed away, My questions is:? Whom will received his social security benefits?
V.V.
Hi Carolyn. If you are the divorced spouse of a worker who died and you are not married, you could get benefits just the same as a widow or widower. For more information, please visit our Surviving Divorced Spouse webpage.
Maggie R.
How can I find out if my ex is deceased. Married 23 years, divorced in ‘08, in last year he has disappeared from all social media which makes me suspect he may have died. How can I find out for sure? I received nothing when we divorced so I’m extremely interested in receiving what is due to me through his social security.
Melvin
My ex and I were married for 7 years. We both started collecting SS at 63 ($1800 and $1100). We have started living together again. If the $1800 spouse dies first will the surviving spouse be able to collect an additional amount? If not would a legal marriage be necessary? If so how many years would be necessary for the remarriage?
Charlene A.
Is it better that I go to the SS office to fill out the papers?
I am an ex spouse of someone who died in Feb. I am collecting SS, what do I need to bring to the office to collect what he was collecting? What is the phone number for the Joliet office.
Donna D.
How much money can you make and still collect social security?
Paula G.
If I’m 72 have been divorced from my spouse and was married over 20 years, he is now deceased and was married to his current wife at the time of death their marriage lasted less than 10 years. I’m already drawing on my own Primary Insurance amount, what percentage would I be able to claim if I were to switch over to my ex-spouses record?
Monica M.
I am 53, nearly 54yrs old and disabled. My ex-husband of 12 1/2yrs recently died. Am I able to apply for benefits under him?