What an ex-spouse can receive based on someone else's SSDI record

If you were married to someone who is now receiving Social Security Disability Insurance (SSDI), you may be able to receive benefits on their record even after the divorce. Social Security calls these ex-spouse benefits, and they work differently than benefits you might receive on your own work record.

The payment comes from the same Social Security trust fund as the disabled worker's own benefit. It does not reduce what they receive. You get your own separate check based on a percentage of their benefit amount, and Social Security handles the payments independently.

This is one of the least-known parts of SSDI, partly because it requires several specific conditions to be met. Many people who could receive these benefits never find out they exist.

Key Takeaways

  • You can receive ex-spouse SSDI benefits if you were married for at least 10 years, are now divorced, and have not remarried.
  • You must be at least 62 years old, or any age if you are caring for the worker's child who is under 16 or disabled.
  • Your benefit is typically 50 percent of what the disabled worker receives, but the exact amount depends on your age when you start and whether you have your own Social Security record.
  • You do not need the ex-spouse's permission to file, and receiving benefits does not affect their payment or their family's benefits.
  • You can contact Social Security directly to ask about your specific situation; they can look at both records and tell you what you might receive.

The 10-year marriage requirement and other basic conditions

The marriage must have lasted at least 10 years from the date you married to the date the divorce became final. If you were married for 9 years and 11 months, you do not meet this requirement. Social Security counts the full years and months, so ask for your marriage certificate and divorce decree if you are unsure of the exact dates.

You must be divorced, not separated or widowed. If your ex-spouse has died, you would file for survivor benefits instead, which follow different rules. You also cannot have remarried after the divorce. If you remarried and then that marriage ended (by divorce or death), you may be able to file on your first ex-spouse's record again, but you would need to contact Social Security to confirm.

The ex-spouse must be at least 62 years old themselves, or any age if they are receiving SSDI. Since SSDI is for people under full retirement age who have a disability, most people receiving SSDI are younger than 62, so this condition is usually already met.

Age requirements and caring for a child

You must be at least 62 years old to receive ex-spouse SSDI benefits based on age alone. However, there is one exception: if you are caring for the ex-spouse's biological or legally adopted child who is under age 16, or who is 16 or older but became disabled before age 22, you can receive benefits at any age.

The child must be receiving SSDI or Social Security benefits on the same worker's record. You do not have to be the biological parent — stepparents and grandparents who are the primary caregiver may also may have access to. The child must live with you, and you must be responsible for their care.

If you are caring for a child, the benefit is typically 75 percent of the worker's benefit amount. This is higher than the 50 percent you would receive at age 62 or later without a child in your care.

How the benefit amount is calculated

Social Security calculates your ex-spouse benefit as a percentage of the disabled worker's Primary Insurance Amount (PIA). The PIA is the base amount Social Security uses before any reductions. Your percentage depends on your age when you start receiving benefits.

If you are age 62 or older and not caring for a child, your benefit is typically 50 percent of the worker's PIA. However, if you claim before your own full retirement age, Social Security reduces your payment. The reduction can be significant — sometimes 30 to 35 percent less than the full 50 percent amount. If you wait until your full retirement age to claim, you receive the full 50 percent.

If you have your own Social Security work record, Social Security will calculate both your own retirement benefit and your ex-spouse benefit, then pay you the higher of the two amounts, plus a partial ex-spouse benefit if applicable. This is called the "deemed filing" rule, and it can affect how much you receive. Ask Social Security to show you both calculations before you decide when to claim.

How to contact Social Security and what to bring

You can reach Social Security by phone at 1-800-772-1213 (TTY 1-800-325-0778). You can also visit your local Social Security office in person or create an account at ssa.gov to view your own record. When you call or visit, tell them you want to ask about ex-spouse benefits on a specific worker's record.

Have the following information ready: your ex-spouse's full name and Social Security number (if you know it), the date you married, the date your divorce became final, and your date of birth. If you are calling about caring for a child, have the child's name, date of birth, and Social Security number.

Social Security can look at both your record and your ex-spouse's record without needing their permission. They will tell you whether you meet the requirements and what your benefit amount would be if you claim now, at 62, or at your full retirement age. You do not have to decide when ready — you can ask questions and think it over.

What happens if your ex-spouse is not yet receiving SSDI

Your ex-spouse does not have to be receiving SSDI for you to file for ex-spouse benefits. They only need to be at least 62 years old and have a Social Security record. If they are disabled but have not yet filed for SSDI, you can still file for ex-spouse benefits on their record.

However, if your ex-spouse has not yet reached age 62, you cannot file for ex-spouse benefits until they do, even if they are disabled and receiving SSDI. The exception is the child-in-care rule: if you are caring for their child under 16 (or disabled before age 22), you can file at any time, regardless of the worker's age.

If your ex-spouse later files for SSDI or retires, it does not change your benefit. Your payment is based on their record and continues independently.

How ex-spouse benefits affect other family members

Your ex-spouse's family members — such as a current spouse, children, or other dependents — receive their own separate benefits based on the worker's record. Your ex-spouse benefit does not reduce what they receive, and their benefits do not reduce yours. Social Security pays each person on the record their own amount.

There is a limit called the "family maximum," which caps the total amount all family members can receive combined. However, ex-spouses are usually not counted toward this maximum. If the worker has a current spouse and children also receiving benefits, those family members' payments might be affected by the family maximum, but your ex-spouse benefit typically stands alone.

If you remarry, you lose the right to receive ex-spouse benefits. Your benefits would stop, and you would not be able to restart them unless that new marriage also ends. This is an important consideration if you are thinking about remarrying.

Frequently Asked Questions

Can my ex-spouse see that I am receiving benefits on their record?

No. Social Security does not notify the worker that an ex-spouse has filed. Your benefit is private information between you and Social Security. The worker's own benefit amount and family members' benefits are not affected, so there is no reason for them to know unless you tell them.

What if I was married more than once for 10 years each?

You can file on the record of any ex-spouse you were married to for at least 10 years, as long as you have not remarried. If you have multiple ex-spouses who meet the requirement, Social Security will calculate benefits on each record and pay you based on whichever gives you the higher amount. You do not have to choose one — Social Security determines which is best for you.

Does receiving ex-spouse benefits affect my own Social Security retirement benefits later?

It depends on your age and when you claim. If you claim ex-spouse benefits before your full retirement age, Social Security may reduce your own retirement benefit when you later claim on your own record. The interaction between the two benefits is complex, so ask Social Security to explain how both would work in your specific situation before you decide when to claim.

What if my ex-spouse passes away?

If your ex-spouse dies, your ex-spouse SSDI benefit stops. However, you may be able to receive survivor benefits on their record instead. Survivor benefits have different rules and amounts. Contact Social Security right away if your ex-spouse passes away so they can explain what you might receive.

Can I receive ex-spouse benefits if we were never legally married?

No. Social Security requires a legal marriage certificate. Common-law marriage is recognized in some states, but only if you lived in a state that recognizes it and met that state's requirements. If you are unsure whether your relationship qualifies, bring your documentation to a Social Security office and ask them to review it.