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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Greta
Thank you for sharing your thoughts with us.
I personally find it very useful. Will share.
Thank you!
Kelly
My ex-husband died when he was 62 but had already been drawing benefits for some years because he was disabled. We were married for 11 years and I have not remarried. I am age 43. Would I be eligible for any benefits at this time? Thanks!
Ann C.
Hi, Kelly. Thanks for your question. If the marriage lasted for at least 10 years, you could be eligible for surviving divorced spouse benefits based on your ex-husband’s earnings, beginning at age 60. If you are disabled, you could qualify for benefits as early as age 50 if the disability started before or within 7 years of your ex-husband’s death. For additional information on Survivor benefits, check out our Survivors Planner. We hope this helps.
Donna
If my ex-husband dies I was married to him for 13 years and I remarried to a legal Alien and he got deported can I still drow survivor benefits from my ex-husband?
Ann C.
Hi, Donna. To be eligible for divorced spouse benefits, you had to be married to your former spouse for at least 10 years, be age 62 or over, be unmarried, 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.
Lois
I am not yet divorced but will be at some point. I know the rules about married 10 years, age, yadda, yadda. my ss will definitely be lower than his. I understand I can receive up to half of his ss. he is 68 and i’m 62. My question is: can i file for half of his (after divorce) and decide to wait on filing for mine until I reach retirement age so I can decide which to keep at that point in the future depending on what is higher?
Kenny O.
Hi Lois, thank you for your question. You may be able to get divorced spouse’s benefits but, under existing law, if you are eligible for benefits both as a retired worker and as a divorced spouse, you must apply for both benefits and you’ll receive the higher of the two benefits. This requirement is called “deemed filing” because when you apply for one benefit you are “deemed” to have also applied for the other.
However, for those that turn 62 before January 2, 2016, deemed filing rules will not apply if they wait to file at their full retirement age or later. This means that they may file for either their (ex)spouse’s benefit or their retirement benefit without being required or “deemed” to file for the other. See our Deemed Filing For Retirement And Spouse’s Benefits FAQs web page for details.
Tracy
If my ex spouse is currently on disability benefits, then of course his monthly payment is pretty low, about $1500 per month. As an ex spouse of 34 years who has not remarried, and been divorce for 6 years, how do I find out what the benefit amount is if I want to plan to collect his social security income amount? I’m sure that his regular social security amount would have been much higher than his current disability income. Can I only claim his current disability income amount, or am I entitled to collect what would have been his regular social security benefit amount?
Ann
Question: so if my x is remarried, and he passed away, ?who is initialed of his benefits, his new wife or x wife who was married to him for like 16 years
Barbara T.
I am on SSD, am Widowed. Can I draw on my ex spouse, who I was married to for at least 16 years. Where do I get the paperwork at should I qualify.
Thank you for your help.
Ruth B.
We were married on Sept. 22, 2201 and divorced on June 18, 2018. I have 2 emails: the 2beez@comcast . net and bibir241 @gmail.com (phone). My phone # is 954-270-4287. We are both collecting.
Ruth A.
I am interested in knowing if I would be eligible for partial benefits from my ex-husband.
Glendene S.
If you were married, but divorced when spouse dies and you were not married 10 years, what happens to the deceased ex- spouse’s money?