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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pamela c.
I need an appointment to apply for divorced spousal income.
A.C.
Hi, Pamela. You do not have to make an appointment to come in to our offices, but with an appointment, you will be helped before our walk-in customers. You can schedule an appointment with your local office by calling us at 1-800-772-1213 between 7:00 a.m. to 7:00 p.m., Monday through Friday, and a representative will assist you. In most cases, you can handle your business by phone. We hope this helps.
Debbie
I was told I can collect off my 1st husbands ss retirement he just passed away we were married 11 years. I remarried and we were both on full retirement and I collected 50% of his social security when he passed away 8 months ago.
Are they correct can I also collect off my 1st husbands because we were married for 11 years
Althea B.
I am 50 years old and I’m disabled, I draw ssi. my ex husband is now drawing his social security. We were married almost 24 years. When can I collect part of his benefit?
Julie T.
I just came back from the SS Office to see about receiving my ex’s benefits…The SS rep. told me that he/she has to make DOUBLE what you made…Is that true???
Freida M.
As a surviving ex-spouse married 23 years, we had (4) children, we were still married after he retired after serving our country for over 21 years? would there be any possibility of an entitlement for me, even though our children grown, would there be any entitlement for them? He was married to his fourth wife for 18 years, I know she is entitled, but what about his grown children? He passed away Marc 28th 2019
Jenny S.
I’m asking if me and my ex are still married but separated for 14 years and married together for 12 years but we are still currently married for a total of 26 years but separated and I’m only 41 and he’s 47 and I want to apply for his part of social security can I apply now I’m getting sik with cancer and need it now can I apply for it and how would I go about it if somebody could help me and point me in the right direction.he hasn’t appiled for his retirement yet.can I do this and get benefits from him.
L.A.
Thank you for your question, Jenny. We are sorry to hear about your condition. To qualify for spouse’s benefits your husband must be receiving retirement or disability benefits and you must be age 62 or older. Also, when you qualify for Social Security benefits on your own record, we pay that amount first. If your medical condition is expected to last one year or more, you may wish to file for disability benefits under your own record. Please call our toll free telephone number 1-800-772-1213 (TTY 1-800-325-0778) to make an appointment to apply, or contact your local Social Security office, or file online here. We hope this helps.
Carol
How do I apply for divorced spouse Benefits? I was married for over 32 years, supported him through college, he is now over 70 years old and still working. I am 67 years old, and working full time.
A.C.
Hi, Carol. Thanks for your question. 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. For more information on how to qualify and how to apply for divorced spouse benefits, visit our Benefits Planner: If You Are Divorced. We hope this helps.
Maria G.
I would like clarification on this benefits question. A friend went into an ss office with the following questions. We were both married over 10 years. Her inquiry was, would she be able to get her x-spouse benefits once she retired. She was told she would be able to collect a portion of her X-husband benefits, as well as her own. I was told you had to decide which amount you wanted your ss benefits or part of the spouses benefits, but not both. Is that correct?
A.C.
Hi, Maria. Thanks for your question. 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. For more information on how to qualify for divorced spouse benefits, visit our Benefits Planner: If You Are Divorced. We hope this helps.
Jerrilynn R.
How do I go about filing for SS Benefits on my Ex-Husbands SS. We were married for 19 years.
Darlene
My Ex husband owes back child support about $6000. Can Social Security pay me that on his behalf or a portion of it? Do I make an Appt and can I bring my daughters Passport? She’s 15 years old. Will I have to bring her also?
A.C.
Hi, Darlene. When an individual qualifies for Social Security benefits, their children may also qualify to receive benefits on their record. We suggest that you work with your local Child Support Bureau for guidance with child support. We hope this helps.