Disability, General, Retirement, Survivors

Ex-Spouse Benefits and You

May 14, 2015 • By

Reading Time: 2 Minutes

Last Updated: March 28, 2022

A worried woman holds her ring finger- she's been through a divorce.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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About the Author

Doug Walker, Deputy Commissioner, Communications

Deputy Commissioner, Office of Communications

Comments

  1. LINDA T.

    my name is Linda Thomas and i am requesting information on receiving my former husbands social security benefits. We were married for 12 years and divorced. I am 73, he is now 65. His social security number is: *** – ** – ***. from what i am reading I may be able to collect a larger amount of social security under his social than mine. i was told that 2 years ago. now at 73 and fully retired, i would like to know what to do next and if I am elligable. He was to provide alimony of $1500 per month by failed that years and years ago. i really could use some direction here. Can you provide guidance in this area?

    • L.A.

      Hi Linda. 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 about divorced spouse’s benefits, please visit our Benefits Planner: If You Are Divorced. For specific questions about your case, please call our toll-free number, 1-800-772-1213 (TTY 1-800-325-0778), Monday through Friday, between 7:00 a.m. and 7:00 p.m. We hope this information helps.

  2. jimmie a.

    if my x wife files on my ssi that i am already getting will it decrease the amount that i am already getting

    • L.A.

      Hi Jimmie. Please note that your ex-spouse can only get one-half of your full retirement amount at her full retirement age, which does not reduce your own benefit amount. Please see our Retirement Planner: If You Are Divorced for more information. We hope this helps.

  3. Melody C.

    What documents do I need to bring to my appointment in order to apply for retirement benefits from an ex-spouse?

    • L.A.

      Hi Melody. To find out what document you need to present, besides your divorce decree, when you apply for divorced spouse benefits, please visit our internet page titled “What documents will you need when you apply?” Please keep in mind that to be eligible for divorced spouse benefits, both you and your ex-spouse have to be age 62, and you cannot be eligible for a higher benefit on your own record. For more information about divorced spouse’s benefits, please visit our Benefits Planner: If You Are Divorced. For specific questions about your case, please call our toll-free number, 1-800-772-1213 (TTY 1-800-325-0778), Monday through Friday, between 7:00 a.m. and 7:00 p.m. We hope this information helps.

    • L.A.

      Hi Melody. To find out what document you need to present, besides your divorce decree, when you apply for divorced spouse benefits, please visit our internet page titled “What documents will you need when you apply?” Please keep in mind that to be eligible for divorced spouse benefits, both you and your ex-spouse have to be age 62, and you cannot be eligible for a higher benefit on your own record. For more information about divorced spouse’s benefits, please visit our Benefits Planner: If You Are Divorced. For specific questions about your case, please call our toll-free number, 1-800-772-1213 (TTY 1-800-325-0778), Monday through Friday, between 7:00 a.m. and 7:00 p.m. We hope this information helps.

  4. Judy C.

    I took my early retirement due to s disabled and I turned 63 about the same time. I am 74 now. When can I expect to receive any of my husband retirement? I receive SSI as I don’t have enough money to live on with a18 year old still in school. I never received any help for said child from my husband as he is only the gaudrian . Can you please answer my question or lead me it the right direction for the answers. Thank you, Judy Csbrera

    • L.A.

      Hi Judy. Please note that for your security, we do not have access to your Social Security record in this forum. Please call our toll-free number 1-800-772-1213 (TTY 1-800-325-0778) or follow up with your local Social Security office for assistance. To get information about other financial assistance, please contact your state or local social services or welfare office. You should also contact your local Medicare SHIP (State Health Insurance Program Coordinator) to discuss your health insurance options. We hope this helps.

  5. Blanca C.

    My husand died on October 24, 2019 and we are divorced since 2005. I have Social Security and he has too. I am now in Lima, Peru what can I do to ask which one is the highest.

    • L.A.

      Hi Blanca. We are sorry to hear about your loss. For your security, we do not have access to private information in this venue. Since you live outside of the U.S., please contact your local Federal Benefits Unit (FBU) for assistance with Social Security benefits matters. We hope this helps.

  6. diane c.

    I am 81 yrs old. I am collecting S.S. from my dead ex . I started @62. my 2nd ex (93)is still alive .if he passes before me can I collect the full amount .

    • A.C.

      Hi, Diane. Thanks for your question. 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 helps.

  7. Lois

    I have been getting ripped out by SSA since 2009. I did a request of info in Oct 2018 found out someone used my name in a Muncie Indiana SSA office and in Fort Wayne SSA to committed fraud. The ssa OIG Marcy Ralston threatened me she wrote a statement that was not correct told me if i did not sign it she come after me for fraud. I have been reporting this matter to state local and federal law enforcement since I was forced to file a fraudulent divorce decree in 2015. The oig was supposed to have my back pay figured by September 28th of 2015 and I still haven’t got anything in the mail from the offical OIG.. corruption in Indiana politics is just as bad as Chicago. But then oh wait. OIG agent Macy Ralston works out of Chicago office I am an Elder victim of financial exploitation victim of identity theft disabled woman 65 years old and now they’re telling me they’re taking $135 a month from Medicare I should have been put on Medicare after I was on Medicaid for 24 months I should be getting a 50% retirement benefits from a private pension and I recently found out that the oig is responsible for the employee retirement income Security Act there’s all kinds of fraud going on I recently read that Indiana is thinking about having a fraud hotline for political corruption that’s a joke it’s the politicians that are so corrupt Congressman Matt Layman is in the article I’ve been to Matt Layman and he done nothing.

  8. L A.

    “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.”

    This is out-of-date! Presently this only applies to divorced spouses born before Jan. 2, 1954.

  9. Christine D.

    What form do I use to apply for exspousal benefits

  10. Diane L.

    1st husband died in airplane crash in 1988; married 18 yrs. divorced second husband after 25 yrs….has lots of money, pension, social security, 5% in new Distillery in TN. Exactly what am I entitled to?? Also, I have been the one to maintain all of housework, laundry, yard work, which is never ending

Comments are closed.