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
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Donna K.
Having trouble getting through call line to make an appointment. Need to know what documents I would need to apply for benefits as the survivor of an ex spouse. Can I do this through the mail or online without having to go in for an appointment. Every-time I call there is at least an hour wait on the phone.
Thank you
A.C.
Hi, Donna. We are sorry to hear that you are having difficulty reaching someone by phone. Representatives are available on our toll free number at 1-800-772-1213 (TTY 1-800-325-0778), between 7:00 a.m. and 7:00 p.m., Monday through Friday. You will generally have a shorter wait time if you call later in the day. For information on Survivor benefits and how to apply, check out our Survivors Planner. We hope this helps.
Rose V.
What do I do if the ex spouse will not give me his Social security number?
Larry A.
If an ex-spouse is still receiving alimony, will the alimony amount received have any impact upon the retirement benefit received?
L.A.
Hi Larry. Alimony payments do not affect the amount of Social Security retirement benefits. However, you should check with your attorney to see if Social Security retirement benefits may affect the alimony payments. If you have specific questions about your personal situation, you can call our toll-free number at 1-800-772-1213 (TTY 1-800-325-0778), Monday through Friday between 7:00 a.m. and 7:00 p.m. and speak with one of our representatives. Generally, you’ll have a shorter wait time if you call later in the week. We hope this helps.
linda
I have a question, I married like many expecting to last a lifetime I was a severely abused: took place in 1981 through 1988 with two children in tow. I saw that there were spousal benefits but you must be married for ten consecutive years to collect on my x husbands retirement. Are there any exceptions to this guideline, his lifestyle left him deceased in 1992.
L.A.
Hi Linda. Thank you for your question, Virginia. Generally, as a surviving divorced spouse, you could get benefits, only if the marriage lasted 10 years. Unfortunately, there are no exceptions to this rule. For more information, please visit our Benefits Planner: Survivors | If You Are The Survivor. We hope this helps.
Tami A.
I just found out that I could receive x spousal benefits after I started collecting my own. My own is not that much, so could I stop my own and collect based on my spouse’s benefit, which would be more?
L.A.
Hi Tami. 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, you have to be age 62, 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. For specific questions about your case, please contact us at 1-800-772-1213 (TTY 1-800-325-0778), Monday through Friday, between 7 a.m. and 7 p.m., and ask to speak to a representative. Generally, you will have a shorter wait time if you call later in the day. You can also visit your local Social Security office. We hope this helps.
Cynthia J.
I’m disabled and receive SSI, Can I draw on my exes retirement even if he’s not retired,?
L.A.
Hi Cynthia. 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, you have to be age 62, 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.
mary m.
can i change the amt of social security once i stated receiving ss.? I am getting 200.00 less than half of my husband. why is that and I worked my 40 years.
L.A.
Thanks for your question, Mary. Social Security is neutral with respect to gender – individuals with identical earnings histories are treated the same in terms of benefits. We calculate your average indexed monthly earnings during the 35 years in which you earned the most. Higher lifetime earnings result in higher benefits. If there were some years when you didn’t work, or had lower earnings, your benefit amount may be lower as a result. For details on how your retirement benefit is figured, visit here. If you have any additional questions specific to your benefits, you 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 helps.
Ethel S.
I would love to see a change in policy. If u are disable divorce formerspouse unmarried and age 50 should be able to collect benefits same as widow. Both of the beneficiaries are disable retired. Right now age 62 is what the office is saying. This puts more hardship on the disable person and other programs such as food stamps and other community business that helps with lights etc.
Meg
A woman married over 10 years to 3 different men;1st two divorced; now all are deceased. She is 66. Does she receive from one or more spouses? Which?
If a 70 yr old man leaves behind an ex-wife of 10 yrs, and a surviving widow of 30+ years, how many women collect his death benefit?
A.C.
Hi, Meg. Thanks for your questions. A surviving widow would have the option of filing on whichever former spouse she wants. However, only one benefit can be paid but she can switch to a different record later if the benefit is higher. Additionally, it is possible for more than one former spouse to receive benefits on the same record. For more information visit our Benefits Planner:If You Are the Survivor here. We hope this helps.
Betty W.
I want to offer a bit of advice to everyone searching for marriage/relationship help. Me and my husband had a rough time for a decade; all our family & friends constantly advising us to get a divorce but we knew it would break our children’s heart. We tried so many different things to save our marriage and from trial & error we came across a very helpful Love solution spell temple on facebook page reviews that love spell from this temple works, I contacted the spell priestess and purchased a spell to bring love and happiness in my marital home and now we are happily together like we just got married. Love solution spell temple powers are strong. My Husband became so passionate about our love and more into me… lol Just like being in my teen.