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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Marcie L.
I have been separated from my husband for 15 years but have never divorced. How can I find out if he has applied for Social Security retirement?
A.C.
Hi, Marcie. To qualify for spouse’s benefits, your husband must be receiving retirement or disability benefits. Also, when you qualify for Social Security benefits on your own record, we pay that amount first. But if you also qualify for a higher amount as a spouse, you’ll get a combination of benefits that equals that higher amount. Visit our Retirement Planner: Benefits For You As A Spouse for more information. For specific questions, please 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.
Gathel D.
I am disable and was married to an Oneida Indian who was Also a Disable Vet and Disable. He had went back to see his step dad because of illness. Fell and broke his leg and hip while there in WI. He never lived on the resavation. His sister went and got POA of him . I already had POA which I sent to the hospital . His other sisters knew I was POA over him. The sister that got POA over him never abolished my POA but she preceded to take over his finances. After she left him in a motel for two mo. I couldn’t go up there to get him. He had had his stomack removed the year before and also prostrate cancer and I had took care of him all by my self and had completely took a told on my body it had cause the post polio to hit me twice in a row causing weakness in my legs also one leg got an in. Shorter and my heart to go into AFib. I have a pass maker in my heart now because of it now. None of his family came down to help me. The sister that got the POA got him a divorce on the resavation. Neither on of us signed for the divorce the Judge just granted it it was do over the phone . I wasn’t able to go there or aford an attorney. She had took all his money and wasn’t paying any of his bills. I had already had to let the car I had go back and a kid had stole the one that he had and brought back down here and I turned it back in. Because he wasn’t paying the bill on it. I was trying to keep insurance on that car.
Larry
If I have remarried, is my current wife or my ex spouse entitled to my Social Security Benefits
A.C.
Hi, Larry. For your current wife to qualify for spouse’s benefits, you must be receiving retirement or disability benefits. Also, if she qualifies for Social Security benefits on her own record, we pay that amount first. But if she also qualifies for a higher amount as a spouse later, she’ll get a combination of benefits that equals that higher amount. Visit our Retirement Planner: Benefits For You As A Spouse for more information. If you were married to your former spouse for at least 10 years, and she is not eligible for a higher benefit on her own record, she may be eligible for benefits on your record. For more information about divorced spouse benefits, visit here. Hope this helps!
Ellen O.
I currently receive Social Security benefits on my own work history. Mine is a few dollars more than 50% of my ex-husband. I have heard his health is failing and as callous as it sounds, I am curious if I can file on his for the survivor benefit when he passes away?
A.C.
Hi, Ellen. A divorced spouse of a worker who dies, could get benefits just the same as a widow, provided that their marriage lasted 10 years or more. You may qualify for survivors benefits at age 60 (50 if you are disabled). If you need more information, call our toll-free number at 1-800-772-1213 Monday through Friday between 7:00 a.m. and 7:00 p.m. We hope this helps.
Matthew R.
How do I get my husband’s sos. Security information when he passes away
A.C.
Hi, Matthew. You are eligible to apply for survivor benefits when you reach age 60 (age 50 or over if disabled). You can find more information on survivors benefits here. We hope this helps.
Pamela M.
Is it necessary to contact you ex-spouse that you are collecting based upon their earnings?\
N.Willingham
I’m 59 living in Georiga and I just received SSDI but I was married 19 years and my exhusband passed away 2 years ago should I apply for his benefits are wait until retirement age?
A.C.
Hi. If you are the divorced spouse of a worker who died and you are not married, you could get benefits just the same as a widow or widower. For more information, please visit our web page, Survivors Planner: If You’re The Worker’s Surviving Divorced Spouse. We hope this information helps.
Kiel
This blog needs to be updated because of the change in the law in 2016. This blog was linked in this post: https://blog.ssa.gov/ex-spouse-benefits-and-how-they-affect-you/
Jane s.
Can I receive benefits from ex husband although he was married before me?
A.C.
Hi, Jane. 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 our Benefits Planner: If You Are Divorced. We hope this helps.
Nedra J.
I am 84 years old and and began to draw security at age 62 on my own benefits record. My whole amount was more than half of his. I was divorced at the time after having been married for 24 years. My ex husband recently died and I have been told I qualify for death benefits and maybe more. How do I follow up on this situation
A.C.
Hi, Nedra. Since you are currently receiving Social Security benefits, 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.