Social Security Benefits Through Ex-Spouses

A person getting divorced after at least ten years of marriage keeps benefit rights on their former spouse’s Social Security record. To receive benefits, the divorced spouse must be at least 62, and their former spouse must be entitled to benefits. A former spouse can receive benefits without permission or help from their ex. The amount of benefits a divorced spouse receives does not affect the benefits a current spouse can get.

How Can an Ex-Spouse Get Social Security Benefits?

If the spouse has been divorced for at least two years, they can even get benefits if the worker is not retired or has benefits withheld. In this situation, the worker must have enough credits to qualify for benefits and be 62 or older. The 2-year divorce requirement can be waived if the former spouse was entitled to benefits in the month before the month of divorce but was not receiving benefits because of work deductions.

There are some restrictions to getting Social Security benefits from an ex-spouse. Generally, benefits cannot be paid if the former spouse remarries unless the latter marriage ends (whether by death, divorce, or annulment).

However, benefits can be paid to a remarried divorced widow or widower if:

• They remarry a new spouse at 60 or older;
• Remarriage at age 50 or later after becoming disabled; or
• If the widowed spouse is already entitled to disabled survivor’s benefits and remarries, benefits can continue regardless of age.

How Much Will My Ex-Spouse Receive?

The amount of retirement benefits the ex-spouse receives depends on several factors, including work credits, earnings, years of marriage, and retirement age. For example, a Texas couple married for more than ten years gets divorced. If the divorced spouse waits until full retirement age, they can receive up to 50% of the benefit amount the ex-spouse would collect.

Can I Collect Ex-Spouse Benefits if My Ex Died?

You may still be able to collect Social Security retirement benefits from an ex-husband or ex-wife after they pass away. A surviving divorced spouse can apply for survivor benefits. Survivor benefits may pay a higher amount than ex-spouse benefits. To qualify for survivor benefits, you must be at least 60 years old (or 50 if disabled), the marriage must have lasted at least ten years, and you can’t remarry, or you remarried after turning 60 (or 50 with a disability).

For example, a spouse collects ex-spouse benefits on a former spouse’s record in Michigan. The ex-spouse dies, and the former spouse qualifies and applies for survivor benefits. Based on the date of birth of the surviving divorced spouse, they can receive up to 100% of the deceased worker’s benefit amount if they are at full retirement age.

Can My Ex-Spouse Get Their Own Retirement Benefits and Divorced Spouse Benefits?

It is important to note that an individual cannot “double-dip.” A divorced spouse or widow entitled to benefits on their own work record cannot receive both benefits in full. For example, if a divorced spouse worked under Social Security and is entitled to higher benefits based on their own earnings record, they would receive benefits based on their history only.

Can You Sign Away Benefits in a Divorce Agreement?

For example, a couple in Ohio is getting a divorce. As part of the final divorce decree, one spouse negotiates with the other to give up their Social Security benefits rights in the ex-spouse’s work record. After divorce, the ex can still claim monthly benefits on their ex’s records because the Social Security Administration (SSA) generally does not enforce this agreement.

If you have other questions about older adult law social security issues, find an older adult law attorney in your area. You can also find answers in our Marriage and Divorce Social Security FAQs.