Ex-Spouse Benefits And How They Affect You | SSA (2024)

Just like during tax season, it’s good to have all the information you need early so you can prepare and get any money you are due.

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 his or her record. To be eligible, you must have been married to your ex-spouse for 10 years or more. If you have since 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 he or she hasn’t retired, as long as you divorced at least two years before applying. If, however, you decide to wait until full retirement age to apply as a divorced spouse, your benefit will be equal to half of your ex-spouse’s full retirement amount or disability benefit. The same rules apply for a deceased former spouse.

The amount of benefits you get has no effect on the benefits of your ex-spouse and his or her current spouse. Visit Retirement Planner: If You Are Divorced to find all the eligibility requirements you must meet to apply as a divorced spouse. Our benefits planner gives you an idea of your monthly benefit amount. If your ex-spouse died after you divorced, you may still quality for widow’s benefits. You’ll find information about that in a note at the bottom of the website.

Visit Retirement Planner: If You Are Divorced today to learn whether you’re eligible for benefits on your ex-spouse’s record. That could mean a considerable amount of monthly income. What you learn may bring a smile to your face … even on tax day!

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1. Pat R.

   March 8, 2021 2:12PM

   Good-day,

   I am a 65 year old divorced, single person who’s ex husband recently passed away. I’ve read that I may be eligible for survivor’s benefits. I was married for 23 years. I was trying to get some understanding regarding the eligibility clause that says ” the ss benefit must be less than I’d receive based on my ex-spouse’s work; and that SS will pay the higher of the two benefits for which I am eligible, but not both.

   My question is: If I’m still working although I’m 65, and plan to work for a few more years, is it possible to begin collecting the higher of the two benefits for which I am eligible immediately?

   • 

     V.V.

     March 8, 2021 3:56PM

     Hi Pat, thanks for using our blog. If you are the widow of a person who worked long enough under Social Security, you can start receiving reduced survivor’s benefits as early as age 60 (50 if disabled). If you are also eligible for retirement benefits on your own record, you may have an additional option. You can apply for retirement or survivors benefits now and switch to the other (higher) benefit at a later date.

     The earliest age you can apply for your own (reduced) retirement benefits is 62.

     You can get Social Security retirement or survivors benefits and work at the same time. However, there is a limit to how much you can earn and still receive full benefits. The amount you’re allowed to earn while receiving benefits depends on your age. If you attain full retirement age in 2021, the earnings limit is $50,520 but we only count earnings before the month you reach full retirement age. Beginning with the month you reach full retirement age, earnings no longer reduce your benefits, no matter how much you earn. If you’re under full retirement age for the entire year, then we deduct $1 from benefit payments for every $2 earned above the annual limit. For 2021, that limit is $18,960.

     You would need to call and make an appointment to file for widow’s benefits as you cannot apply for that online. You can call your local Social Security office. Look for the general inquiry telephone number at the Social Security Office Locator. The number may appear under Show Additional Office Information. Please be aware that our call wait times are longer than normal.

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