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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Lori
I was married for 16 years making more money then my ex husband. He has remarried. If he divorces, does that make him eligible to receive benefits from my work benefits?
Judy
If I’m collecting my own ss can I still collect half of my spouses ss once he starts to collect at 70 if it’s more than I’m receiving on mine.
Agnes J.
I am trying to find my ex spouses SS records, he is now deceased. I am still working but 63. I want to supplement my income with his Social Security. I don’t plan to stop working myself until I’m 70. How can I apply for his social security benefits now? I need to find his SS number.
Ann C.
Hi, Agnes. 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. Keep in mind, if you are younger than full retirement age during all of 2020, we must deduct $1 from your benefits for each $2 you earn above $18,640. Check out how work affects Social Security payments here. We hope this helps.
tina p.
Thank you very much Priest manuka. i never thought any thing could make my husband come back to me as his wife again, after he broke up with me and left to settle down with another woman who never Knew how we both suffered and share feelings together, thank God today i was lucky to see this great spell caster on a site after seeing a lots of testimony and good work he have done in the lives of people helping them to get their ex husbands and wives renewing their relationship i was convinced and i contacted him and just in 7 days after the spell was caste my beloved husband came looking for me and right now we are together again and he is taking care of me and the little kids as his responsibilities and family. Once again thank you here are his contact to reach him. lovesolutiontemple1@ gmail. com or priestmanuka@ yahoo. com
Kathleen W.
I just spoke with a Social Security representative at your Jefferson Avenue, Newport News, VA office regarding the facts listed in the above article. Additionally, my neighbor had given me a copy of a newspaper article written by Lisa Gerstner (Kiplinger) containing this same information.
Your representative told me the information was incorrect and that I was unable to draw on my divorced husband SS benefits until “I reached age 62!”
Please clarify which information is correct.
Thank you
Bernice S.
My ex spouse passed away and I was told, that I might be able to collect his Social Security benefits. We were married for 20 years.
Thank You
Constance A.
I know I qualify. Where do I go to apply for my ex spouse’s retirement social security?
Ann C.
Hi, Constance. 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.
Vickie S.
My x-spouse and I have been separated for 2 years but only divorced 10 months. So, my understanding is that I have to be legally divorced for 2 years before applying for his social security (which is more than mine?)
Ann C.
Hi, Vickie. 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. If your ex-spouse has not applied for retirement benefits, but can qualify for them, you can receive benefits on their record if you have been divorced for at least two continuous years. We hope this helps.
Diana M.
My ex is 38,000 behind in child support from 18 yrs ago. I received a court order awarding me 1/2 of his social security retirement which he started drawing at age 62. So far i have received 3 payments from SSA thru DHS. My question is, if he dies before the child support is paid in full will I continue to receive these payments or will they stop? We were only married for 3 yrs but have 2 children together.
Ann C.
Hi, Diana. 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.
Phyllis
If you were married4& years and had his cold- whom he Never paid child support for- can I get a chance for financial aid in this later date situation?
Ann C.
Hi, Phyllis. 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.