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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DE
I am 66 but my ex husband is 60 . We were married 25 years and divorced for 3 years.
Can I collect on half of his SS if he is not eligible?
L.A.
Hi DE. Thank you for your question. For you to be eligible for divorced spouse benefits on your ex-husband’s earnings record, he has to be at least 62 years old. You can find more information on how someone can qualify for divorced spouse’s benefits here. We hope this helps.
Karen H.
My ex husband had it put in divorce papers that I have to apply early for my ss and give it to him. Also that I have to apply for his spousal ss and give it to him. He is still working and making 6 figures. Is this legal for him to do that?
L.A.
Hi Karen. Please consult with an attorney about these issues. The Social Security Administration cannot provide legal advice. It may also be helpful for you to read the information on our internet titled “If You Are Divorced.” We hops this helps.
Fletcher F.
I am currently receive SSI and my wife does, as well. When we got married, they (federal government) reduced the amount of my monthly income. I am considering divorce, and I want to see if my SSI would increase to my original amount before I got married.
L.A.
Hi Fletcher. Thanks for your question. The Supplemental Security Income (SSI) program, is a program for aged adults, as well as for disabled adults and children who have limited income and resources. There are times when SSI benefit amount determinations are affected by the person’s living arrangement. Here, you can find more information to better understand how the Supplemental Security Income (SSI) program works. We hope this helps.
Kim A.
Can I change my last name to match my girlfriends and still get my ex-husbands social security? I will remain not married.
L.A.
Hi Kim. You may be able to change your name on your social security card, as long as you have evidence of your legal name change by showing us documentation of your old and new names. We offer the option to mail your completed application with original or certified documents to your local Social Security office. Use this link to determine which documents you may need. Or you can go to your local office to make the changes when the time comes. You can find the Social Security office closest to you here. We hope this helps.
ann b.
hi my husband and i are retired and have a tenancy which we have 100%rent rebate,my son who has a mental health illness has split up with his wife and wants to stay with us he does not receive an income or receive any government help at all,would my rent be affected at all
A.C.
Hi, Ann. For questions about your rental rebate, you will need to contact the company that provided this benefit. Thanks.
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Pamela G.
My ex-husband, now deceased, were married over 10 years. I was told that I could receive Social Security at age 60 going by his benefits.I have not remarried. We had a minor child at the time of his death who received Survivor Benefits until he was 18.
Vida P.
Is there a time limit on how long ago the divorce took place for the surviving ex spouse to be considered eligible for death benefits. In this case 47 years
L.A.
Hi Vida. Thanks for your question. If your marriage lasted for at least 10 years, your may be eligible for surviving divorced spouse benefits based on your ex-spouse’s earnings, beginning at age 60. If you are disabled, you could begin receiving benefits as early as age 50, if the disability started before or within 7 years of your ex-husband’s death. For additional information on Survivor benefits, check out our Benefits Planner: Survivors | If You Are The Survivor. We hope this helps.
Shari
I cannot find where I can apply for my divorced spouse’s retirement benefits online. I find information about the possibilities and such, but no link to the application itself. Please advise me where I can do this online. Thank you.
A.C.
Hi, Shari. Keep in mind, if you are insured on your own record, we will pay that benefit amount first. However, if you also qualify for a higher amount as a divorced spouse, you will get a combination of benefits that equals that higher amount. It may be helpful for you to read our web page, If You Are Divorced. For more information, or to schedule an appointment to file an application, contact us at 1-800-772-1213, Monday -Friday between 7:00 a.m. and 7:00 p.m. and ask a representative to assist you, or you can contact your local office. We hope this helps.