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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Moonie J.
Dear Sir:
I am American citizen, but am currently living in Taiwan. I’m eligible for the SS benefit of divorced spouse, I had all my application documents sent to Manila office of American embassy in Philippines on 24 Sep, 2018. It has been more than half year, but I still haven’t gotten any approval regarding my application.
During these time, I sent many emails to the person who was in charge of my case, asked her when will I be able to get my social security benefit, but she just remain ignoring my inquiries. I have no way to find out what happens to my application. I wonder if you can help me with my case? If you are not able to help me out, could you tell me any email information of SSA that I can contact with.
Many thanks for your quick response.
A.C.
Hi, Moonie. We are sorry to hear about your experience. For your security, we do not have access to private information in this venue. We have referred your concern to our Operations Staff for follow up and to take corrective action as necessary. We appreciate your feedback, and thank you for bringing this to our attention. We do recommend that individuals living outside the United States contact their Federal Benefits Unit for any assistance related to Social Security programs and benefits. Also, our Office of International Operations home page provides more information to assist our customers living abroad. We hope this is resolved soon.
Kathleen G.
I divorced my husband 4yrs ago after being married for almost 40yrs and at the time did not ask for any of his super in the settlement as he threatened to drag me through the courts. Do i have any chance of a claim on it now ? Thank you, Kathleen
Alferteen Y.
My husband abandoned me and my children none who are his over 30yrs ago leaving me with no means of income i was forced to realiy on the state in 2002 i had a stroke which deemed me unable to work i currently draw disability i stubbeled across my husband a few years ago and would like to see if I can get any benefit from him
A.C.
Hi, Alferteen. We are sorry to hear about your condition and situation. To qualify for spouse’s benefits, your husband must be receiving retirement or disability benefits. Also, when you qualify for Social Security benefits on your own record, we pay that amount first. But if you also qualify for a higher amount as a spouse later on, you’ll get a combination of benefits that equals that higher amount. Visit our Benefits Planner: For You As A Spouse for more information. 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.
Marcia H.
I was just told by a Social Security staff member that I may not apply for this benefit online. Is this correct?
(The benefit from ex spouse if 50% of ex spouse’s Soc Sec is higher than mine.)
V.V.
Hi Marcia, thank you for using our blog. Individuals can apply online for retirement, spouse’s, divorced spouse’s or Medicare benefits by using the Social Security Retirement/Medicare Benefit Application .
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
Also, keep in mind that your own full retirement benefit amount (not the reduced amount) must be less than half of your ex-spouse’s full retirement benefit amount (not their reduced benefit) in order for you to be due additional divorced spouse’s benefits.
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.
William J.
my wife passed away on March 28, 2019. I would like to know what options are avail to me. her name was Linda Mae Knowlton.
thank you for you time,
William J Knowlton
V.V.
Hi William, we are very sorry for your loss. Typically, the funeral director notifies us of an individual’s passing by contacting the local Social Security office. To verify this information was reported and to inquire about potential benefits, call our toll free number at 1-800-772-1213. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. or you can contact your local Social Security office directly.
See our Factsheet on How Social Security Can Help When a Family Member Dies.
CYNTHIA C.
Can you tell me if Common Law marriage spouse can collect deceased social security check.
What does this entail.
Mar C.
My ex husband died and never got remarried. We married April 22. 1989 and divorced September 22, 1998.
Am I able to get his social?
Richard H.
I am getting a divorce from my current wife. She will be 62 in September. My ex wife from my first marriage is 69 and drawing on my benefit. Will my ex to be get benefits as well. She has very little in her SSA account.
Lois (.
i need my now deceased husbands social security number, need to obtain for cash out of his life insurance for his son. his name was; Donald Francis Reed, he passed 8/12/1992
A.C.
Hi, Lois. We’re sorry, but we do not have access to that information in this forum. To obtain your husband’s social security number, you can make your request online or in writing by visiting our Freedom of Information Act Request web page. Hope this helps!
Diane
I was married for over 10 years. Divorced in 2005 my children were 16 and 14. My exhusband has recently passed I discovered he had been collecting disability. My children never received a benefit? How can I look into this. Could he have been receiving their benefits without us knowing.