Can I collect divorced spouse Social Security benefits at 68 without affecting ex-husband's payments?
I'm asking for my neighbor who's in a situation and doesn't know where to turn. She's 68 years old and already receiving her own Social Security retirement benefits. She was married for 17 years before getting divorced and never remarried. Recently someone told her she might be eligible to receive benefits based on her ex-husband's record - possibly half of his benefit amount? She's really confused about whether this is true and if it would somehow reduce his benefits if she applied. She's hesitant to call SSA directly because she doesn't want to cause problems for him. Can anyone clarify if she's eligible for divorced spouse benefits at this point, and whether it would impact her ex-husband's payments at all? Also, would she need to contact him or get his permission to apply?
18 comments


Bruno Simmons
Yes, your neighbor may qualify for divorced spouse benefits! Since she was married for over 10 years (the minimum is 10) and hasn't remarried, she could potentially receive up to 50% of her ex-husband's primary insurance amount. The good news is that this would NOT affect his benefits whatsoever - he'll never even know she applied. The SSA doesn't notify ex-spouses when someone claims on their record. Since she's already collecting her own retirement benefits, she would only receive the higher of the two amounts - not both. So if her current benefit is already more than 50% of his, there's no advantage. But if 50% of his benefit is higher than what she's currently getting, SSA will pay her the difference.
0 coins
Lourdes Fox
•Thank you so much for this information! That's a relief to hear it won't impact him. Do you know if she needs his Social Security number to apply? She has his name and date of birth, but they haven't spoken in years.
0 coins
Aileen Rodriguez
my sister did this exact thing!!! she was married 15 yrs got divorced in 2008 and when she turned 66 applied for ex spouses benefits...she got an extra $400 a month on top of her own!!! tell your friend to definitely check into it asap!!!
0 coins
Zane Gray
•This is NOT accurate information. You do NOT get both benefits added together. You only get the higher of the two amounts. Your sister must have been confusing something else with her situation, or perhaps she wasn't collecting her own benefits yet when she applied for divorced spouse benefits.
0 coins
Maggie Martinez
The previous responses covered most of the key points, but let me add a few important details: 1. If your neighbor is FRA (Full Retirement Age) or older, which at 68 she is, she would get the maximum divorced spouse benefit, which is 50% of her ex's PIA (Primary Insurance Amount). 2. She doesn't need his SSN to apply - SSA can find his record with name, DOB, and place of birth. She'll need to provide marriage and divorce documents. 3. This is very important: If she's already claiming her own retirement benefits, she'll receive either her own benefit OR 50% of his, whichever is higher - not both. So if her own benefit is already more than half of his, there would be no increase. 4. If she's been divorced for at least 2 years, she can apply on his record even if he hasn't started his own benefits yet (assuming he's eligible for them).
0 coins
Alejandro Castro
•is this also true if hes remaried? my friend is worried her ex husband's new wife will get mad if she applys
0 coins
Alejandro Castro
My cusins wife tryed to do this and they told her NO WAY because she was alredy getting her own SS check... said you can only get 1 benefit not both. dont know if its the same for ur friend but thats what they told her
0 coins
Bruno Simmons
•Your cousin's wife was given correct information - you can't receive your own retirement benefit AND a full spousal/divorced spouse benefit at the same time. But there's an important clarification: if the divorced spouse benefit would be higher than what she's currently receiving, SSA will pay the higher amount. So it's still worth checking!
0 coins
Lourdes Fox
This is all really helpful! My neighbor was afraid to even bring this up to SSA because she thought they might contact her ex-husband. So if I'm understanding correctly - she should definitely apply if she thinks 50% of his benefit might be higher than what she's getting now, and there's zero impact to him either way?
0 coins
Monique Byrd
•I spent 4 HOURS on hold with Social Security last week trying to get information about a similar situation with my divorced spouse benefits!!! If your neighbor wants to avoid the same frustration, she should try this service called Claimyr that gets you through to a live SSA agent without the wait. I found it at claimyr.com and it actually worked - got through in under 10 minutes! They even have a video showing how it works: https://youtu.be/Z-BRbJw3puU Tell her to have her marriage certificate and divorce decree ready when she calls. Much better than sitting on hold for hours or trying to get an in-person appointment.
0 coins
Jackie Martinez
My understanding is that she absolutely can apply but at age 68, she would be subject to something called "deemed filing" which means she AUTOMATICALLY applies for ALL benefits she's eligible for (her own and divorced spouse) and just gets the higher of the two. She can't pick and choose. Does anyone know if her benefit amount would be recalculated if her ex-husband dies in the future? Would she be eligible for survivor benefits at that point even though they're divorced?
0 coins
Maggie Martinez
•You asked a great question about survivor benefits. Yes, if her ex-husband passes away, she could become eligible for divorced survivor benefits, which would be up to 100% of what he was receiving (versus the 50% maximum for divorced spouse benefits while he's alive). To qualify, she would need to be at least 60 years old (which she is), have been married at least 10 years before divorcing (which she was), and not be remarried before age 60 (which appears to be the case). And just like with divorced spouse benefits, claiming survivor benefits would not affect any benefits going to his current spouse or family if he remarried.
0 coins
Zane Gray
Another important thing your friend should be aware of: if she was born before January 2, 1954, she might have had the option to file a "restricted application" for just divorced spouse benefits while letting her own retirement benefit grow until 70. But since she's already collecting her own benefits at 68, that ship has sailed. She should still check if 50% of her ex's benefit is higher than her current amount. If it is, the difference would be added to her current payment. If not, she'll just continue receiving her own benefit. There's absolutely NO impact to the ex-husband's benefit. None. Zero. He won't be notified, his payment won't change, and it won't affect any benefits his current spouse might receive if he's remarried.
0 coins
Aileen Rodriguez
•wow i never heard of this restricted application thing! so some people born before 1954 could get BOTH benefits?? thats not fair to younger people!
0 coins
Monique Byrd
I was in a similar situation last year. Divorced after 22 years, started my own SS at 66. Found out my ex was a high earner so I applied for divorced spouse benefits. Took FOREVER to process (about 3 months) but I ended up getting an additional $320/month because half of his benefit was higher than my full benefit. Definitely worth checking into!! They did ask for my marriage certificate and divorce decree, so tell your friend to have those ready.
0 coins
Lourdes Fox
•That's encouraging! I'll let her know. Did you have to provide his SSN when you applied? She's worried about that part.
0 coins
Bruno Simmons
To answer your follow-up question: No, she doesn't need his SSN to apply. The SSA can locate his record with his name, date of birth, and place of birth. She should bring her own identification, her Social Security card, birth certificate, marriage certificate, and divorce decree to prove she meets the requirements. Also, to clear up some confusion in this thread: If she's entitled to both her own retirement and a divorced spouse benefit, she'll receive her own benefit plus the difference if the divorced spouse benefit is higher. So if her own benefit is $1000 and 50% of his is $1400, she would receive $1400 total (not $2400). But if her own benefit is $1500 and 50% of his is $1400, she would just continue to receive her $1500.
0 coins
Lourdes Fox
•Thank you for this clear explanation. I'll share all this with her. Between managing her own health issues and tight finances, she's been reluctant to look into this, but it sounds like it could really help her situation with no downside.
0 coins