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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Carolyn
I am single and was married for 31 years. I have been working as a teacher for 16 years and paying into the pension system. I see on the SS website that I am entitled to some social security based on my work record before becoming a teacher, but, of course, it will be reduced because of the windfall law. My question is: Can I collect my ex-husband’s social security when I retire, even if I am entitled to a pension? If so, how much will it be reduced?
R.F.
Good question, Carolyn. A pension based on work that is not covered by Social Security (for example, Federal civil service and some State or local government agencies, such as police officers and some teachers) may cause the amount of your Social Security benefit to be reduced. Your benefits can be reduced based on one of two provisions. Your own Social Security benefit can be reduced based on the Windfall Elimination Provision. If you are divorced and qualify for benefits on your ex-spouse’s record, your benefits may be affected by the Government Pension Offset.
Adam G.
Can a divorced spouse collect spousal benefits if that spouse still works?
R.F.
Hello Adam, a divorced spouse may be able to receive benefits on his or her ex-spouse’s record even if the ex-spouse is working, as long as they have been divorced for at least two years, and the ex-spouse is of retirement age (at least age 62) and qualifies for Social Security benefits. To see additional eligibility requirements and for more information in this subject visit our Retirement Planner: If You Are Divorced.
Mary B.
I was married for 40 years when divorced in 2010. I began collecting my social security at age 62, but it is limited due to a governmental retirement, When I looked into applying for divorced spousal benefits I was told my ex-husband’s earnings were not high enough for me to be eligible. I remarried after the age of 64 and read that I might be eligible for spousal benefits from my second husband when I turn 66 in January 2016, His earnings were much higher than my ex-husbands. Is this information correct?
R.F.
Thank you for your question Mary. Generally, at age 62 or older, you must be married for one year before you can get spouse’s benefits on your current husband’s record. However, a pension based on work that is not covered by Social Security (for example, Federal civil service and some State or local government agencies) may cause the amount of your Social Security benefit to be reduced.
Your benefits can be reduced based on one of two provisions. Your own Social Security benefit can be reduced based on the Windfall Elimination Provision. Your spouse’s, divorced spouse’s, surviving divorced spouse’s or widow’s benefits under Social Security may be affected by the Government Pension Offset. For more information, go to our “Frequently Asked Questions” web page.
Joan F.
Hi, I am 59 and getting a divorce, married 29 years. Can I draw my social security at 62 and switch over to my ex husbands at my full retirement age? His social security is higher than mine. My husband is only 56 at this time. Thank you.
Attorney H.
Can you clarify the following: Spouse A and Spouse B are married for 25 years and then divorce. Spouse A participated in and will have social security retirement. Spouse B worked in a government pension system and did not participate in and is not entitled to social security on her own record. Is she still entitled to social security (with the GPO) on Spouse A’s record? Thank you.
Sue
My second husband just passed away and my first husband is also deceased. I wanted to compare each of their SS benefits as I understand I’m qualified to receive the greater of the two. The SSA has no record of my first husband even though he collected SS benefits prior to his death. He’s been deceased for 20 years so there are no recent records (bank/employment) to refer to. How can I find out what his benefits would be if no records exist?
KK
How can the Social Security worker require me to obtain my ex-husband’s birth certificate? Under the laws of the state in which he was born, an ex-spouse is not eligible to order a certified copy of her ex-husband’s birth certificate.
Why can’t Social Security depend on their own records as proof of my ex-husband’s age? I have provided my divorce decree and my marriage decree to prove that I was married for over 10 years, yet I am being told that my claim for ex-spouse benefits will not be processed until I can provide a certified copy of my ex-husband’s birth certificate.
My ex-husband is not helping, he will not comply with social security’s request to verify his age over the phone. I thought that my claim for ex-spouse benefits was supposed to be a private affair between me and Social Security anyway. Why is Social Security involving my ex-husband anyway?
There must be some other way for Social Security to prove my ex-husband’s age???????????????
R.F.
Proof of age is required, when age (62) is a factor in determining retirement or dependent’s benefits. Generally, when we find a discrepancy in regards to date of birth, then we need to correct it. As our Divorced Spouse web page explains it: “If your ex-spouse has not applied for retirement benefits, but can “qualify” for them, you can receive benefits on his or her record if you have been divorced for at least two years.” In order to pay you benefits under his record, he would have to be of retirement age (62 or older) to “qualify” for benefits.
The primary proof of age is the original copy of his birth certificate. Please continue working with our agents, as they may be able to assist you further in preparation to file for your benefits.
Jo
I am 62 and my divorced ex is 61. Married more than ten years. Divorced more than two. Not remarried.
Can I file and start receiving on my record now and then file for additional benefits on his record when he turns 62?
R.F.
Great question Jo. Yes! You can apply for your benefits now and then later, see if you qualify for a higher benefit as a Divorced Spouse. You are correct, your ex-spouse must be at least age 62. In the meantime you can complete the online application for your Social Security Retirement benefits in as little as 15 minutes. It’s so easy, you can apply from the comfort of your home or office at a time most convenient for you. Congratulations !
linda A.
I have a friend who wife passed away can he receive his social security and apply for widower benefits to.
R.F.
We are sorry to hear about your friend’s loss, Linda, it’s nice of you to help him out in these difficult times. First of all, Social Security should be notified as soon as possible when a person dies. In most cases, the funeral director will report the person’s death to Social Security.
Generally, your friend may be eligible to apply for widower’s benefits at age 60 (age 50 or over if he is disabled). If he is also eligible for retirement benefits (but hasn’t applied yet), he has an additional option. He can apply for retirement or survivors benefits now and switch to the other (higher) benefit at a later date. If he is already receiving retirement benefits, he can only apply for benefits as a widower if the retirement benefit he is receiving is less than the benefits he would receive as a survivor.
For more information, please go to our Survivors Planner page and read our publication: How Social Security Can Help – When A Family Member Dies. Your friend can call us at 1-800-772-1213 Monday through Friday, from 7 a.m. to 7 p.m. or contact the local office directly. We hope this information helps.
JT
I am 59, my ex-husband is 69. We were married for 20 years and have been divorced for 12 years. Even though I am not yet eligible myself for Social Security, can he file to receive 50% of my social security? He is receiving his own SS, but 50% of mine would be higher than his full amount. Thank you.