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
Comments
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Mindyn L.
I am currently receiving spousal benefits. My question is can I still receive this benefit if we divorce?
Beverly S.
I divorced in Texas in 1995 and have never remarried. I am applying for ex-spouse benefits. What document to I need besides a copy of my marriage license? They can send me a certified copy of my divorce decree by email. Is that good enough?
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Teresa S.
“Ex-Spouse Benefits and You”
Thank-you, this article has been most helpful during one of the most confusing times in my life.
Curious
If a spouse has 2 ex-marriages, and both marriages were longer than 10 years, Can each former spouse claim spouse Social Security?
Tie
Me and my husband have been .Married five years he recently had to move out of the apartment do to me adopting my grandchildren. While living with me he became disabled even though he was not on my lease and receiving his mail at his moms house this is where he lived now he is applying for SSID without including me as his wife I have been taking care of him since he got hurt can he file without including me as his wife now that he is living with his mom
Pamela K.
So, because I am married now, I can not receive S.S. benefits from my first spouse who has passed away?
Richard K.
I am a high school teacher in the lovely state of Illinois. I am going to retire from teaching in 2021. My wife is receiving half of my pension and I want to know since I pay into the teaching retirement system, will I be able to claim half of her social security? I also have PTSD and I also want to know if I qualify for Disability benefits, will she be entitled to that?
Sincerely,
Richard K Whelan
A.C.
Hi, Richard. Thank you for your question. You may be eligible to receive benefits on your ex-spouse‘s record at age 62, if:
• You were married to your ex-spouse for at least 10 years;
• You are unmarried;
• Your ex-spouse is entitled to Social Security retirement or disability benefits and,
• The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse’s work.
Keep in mind that 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. If you are divorced and qualify for benefits on your ex-spouse’s record, your benefits may be affected by Government Pension Offset. Your own Social Security benefit can be reduced based on the Windfall Elimination Provision.
We pay disability benefits through two programs: the Social Security disability insurance program (SSDI) and the Supplemental Security Income (SSI). SSDI pays benefits to those who cannot work due to a disability that is expected to last at least one year or result in death, providing the person has paid enough into the Social Security program. SSDI payments are made to people who become disabled prior to reaching their full retirement age. Once a person reaches their full retirement age, we automatically convert their disability benefits to retirement benefits, but the amount remains the same. SSI is a needs-based program that pays benefits to people with limited income and resources who are disabled, blind, or age 65 or older. You may find more information about disability benefits by checking out our Benefits Planner: Disability. If you have other questions about benefits with Social Security, please call our toll-free number at 1-800-772-1213 (TTY 1-800-325-0778) and ask to speak with one of our representatives. Representatives are available Monday through Friday between 7:00 a.m. and 7:00 p.m. Generally, you’ll have a shorter wait time if you call later in the day. We hope this helps.
Karen H.
I am missing my benefits paid me thru social security direct deposit for the months June & July. The monthly garnishment is $500 thus totaling $1000. I have alerted ss pc6 and visited my local ss office to get this straightened out numerous times. I feel like someone has stolen my money and don’t know how to get it back. These payments are for ex spouse benefits court ordered by the judge. I obtained an updated judges order from the courts and still no payments. What should I do. They take them from my ex spouse social security and direct deposit them to my account and they have taken them from him however not given them to me. PC6 told my ex to call his congressman. Can you help me?
A.C.
Hi, Karen. We are sorry to hear about your situation. For your security, we do not have access to private information in this venue. We ask that members in our Blog community work with our offices with specific questions. 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 is resolved soon.
comfort
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