Disability, General, Retirement, Survivors

Ex-Spouse Benefits and You

May 14, 2015 • By

Reading Time: 2 Minutes

Last Updated: March 28, 2022

A worried woman holds her ring finger- she's been through a divorce.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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About the Author

Doug Walker, Deputy Commissioner, Communications

Deputy Commissioner, Office of Communications

Comments

  1. Kathie

    I am 56 and have been caring for my son alone after my divorce… Marriage lasted 13 years..Son has muscular dystrophy and I am unable to work now due to his deteriorating health and safety reasons cannot leave him alone ..And my health has declined …I have depression and high anxiety and panic attacks …Can’t be in large social environments

  2. Bonnie L.

    My ex just passed at the age of 60 we were married for 11 years..I was told I can collect on his benefits. I am 60 1/2 am still working making about $48000, he made over $65000 since I have known him and worked over 44 years..do you think I will get anything?

  3. Kira S.

    my grandpa died in 2008 and my grandma and him were divorced for over 5 years or more she lied and told them they were still married and now shes getting all his money not his kid or grandchildren. Can she get i trouble for lying to the judge in court?

  4. fast n.

    thanks

  5. H

    We are both on disability
    Am I still entitled to alimony?

    • A.C.

      Hi. Thanks for your question. It sounds like your are asking about how income may affect eligibility. The Supplemental Security Income (SSI) program is a needs-based program that pays benefits to disabled adults and children who have limited income and resources. SSI benefits also are payable to people 65 and older without disabilities, who meet the financial limits. Social Security Disability Insurance (SSDI) benefits, on the other hand, are based on earnings and are not subject to income and resource limits. If you are receiving SSDI, your income and resources would not affect your benefits. For more information on the difference between Social Security disability and SSI, visit our Frequently Asked Questions. We hope this helps!

  6. alice o.

    My husband and I divorced…. I get no alimony – I need help

  7. Michael M.

    Thank you for this opportunity. My name is Michael. I have a resident ( I hate the words landlord or tenant!) It has been determined that she has funds due her from a spouse who has passed away. She has spoken in great lengths to S/S representatives in our local market. They have told her that they have all the information they need to proceed with her payment ( these are funds are from past benefits due her). The problem is that it is just sitting in the system waiting for someone on your end to push the button to release the check. She cannot even find out what the total of the check is. May I have a phone number for her to call in Pennsylvania ( that is where she has been told the hang up is) So she can get the funds or at least some information about the distribution date. Thank you

    • A.C.

      Hi, Michael. For your resident’s security, we do not have access to private information in this venue. We ask that members in our Blog community to continue work with our offices with specific questions. She can call us at 1-800-772-1213, Monday through Friday, between 7:00 a.m. and 7:00 p.m., for assistance. Generally, she will have a shorter wait if she calls later in the day. You can also contact your local Social Security office. She can ask to speak to a manager on her next visit or call. We hope this helps.

  8. Marisa C.

    My questions are if I get ssi and my ex husband takes AS only do I quality his part of his SS

  9. Catherine M.

    I applied for widow benefits and I would get 1 year retro now 9 years later I want to know how much retro I will I get mow

  10. Patricia b.

    how do you apply for a divorced spouse benefit application?

    • V.V.

      Hi Patricia. You can complete an application for Retirement and Divorced Spouse’s benefits online. If your ex-spouse is deceased and you want to file for surviving divorced spouse’s benefits, you cannot apply online. To apply for survivor benefits, please call our toll free number at 1-800-772-1213 (TTY 1-800-325-0778) to make an appointment with your local Social Security office. Representatives are available 7 a.m. to 7 p.m. Monday through Friday.

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