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. Michelle

    Just last month my husband has gone to meet my parents with loads of apology,

  2. Michelle

    The summary of it all is that

  3. Michelle

    The summary of it all is that Just last month my husband has gone to meet my parents with loads of apology,

  4. Michelle

    The summary of it all is that Just last month my husband has gone to meet my parents with loads of apology, he has gone there like 15 times without my knowledge asking forgiveness. He has come back to his rightful sense and right now my family is on my tail demanding that I forgive him. last month my bestfriend who is gay practically helped me to contact a psychic called sango priestess

  5. Michelle

    I have been a single mother for 5 years after my husband disappeared with his mistress in to the thin air. I have done all my possible best to get my husband back home but instead he filed for divorce.

  6. martin

    I am divorce for 4 year now. I know went I retired I could get my social security or 1/2 of my ex wife we been married 20 years. but what append if she change her name after divorce? do I have the same benefit?

    • Ann C.

      Hi, Martin. Thanks for your questions. To be eligible for divorced spouse benefits, you had to be married to your former spouse for at least 10 years, 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 here. Additionally, your former spouse’s name does not affect your potential eligibility. We hope this helps.

  7. Colleen R.

    Social security has paid my ssi and my ex husbands do i need to notify ssi

    • Luis A.

      Hi Colleen. For your security, we do not have access to your personal information in this forum. For specific questions about your account, please call our toll free number, 1-800-772-1213 (TTY 1-800-325-0778), from Monday through Friday, between 7:00 a.m. and 7:00 p.m. You may also contact your local Social Security office. We hope this helps.

  8. Terri H.

    Are there exceptions to the ten year rule Our marriage ended 27 days shy of ten years.

    • Luis A.

      Hi Terry. We are sorry. Social Security Law does not allow for exceptions. Here is some information about divorced spouses benefits. We hope this helps.

  9. Linda L.

    I suspect that my ex-spouse’s social security earnings were higher than mine, but, the agent told me to apply for my deceased first husband’s and then wait to do my own later. He would not go into details and I always suspected him of not being honest.

    • Luis A.

      Hi Linda. Please note that for your security, we do not have access to your personal Social Security information in this forum. Please contact us by calling our toll-free number 1-800-772-1213 (TTY 1-800-325-0778). You may also visit your local Social Security office. We hope this helps.

  10. Angela m.

    I was told to apply for social security from ex- husband we were married 12yrs I receive my own social security but he receives more than I do.

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