What divorced spouses can receive on an ex-partner's SSDI record

If your ex-spouse receives Social Security Disability Insurance (SSDI), you may be able to receive benefits on their record even though you are no longer married. The Social Security Administration (SSA) calls this a divorced spouse benefit. You do not need your ex-spouse's permission, and receiving benefits does not reduce the amount they get.

The rules differ from retirement benefits in one crucial way: there is no age requirement for a divorced spouse to receive benefits on a disabled worker's record. You can be any age, as long as you meet the other conditions. This is one of the few situations in Social Security where age does not matter.

The benefit amount you receive is typically 50 percent of what your ex-spouse receives each month, though this can vary depending on whether you are also receiving your own retirement or disability benefit. If you are caring for a child under 16 (or a disabled child of any age) who is also on the ex-spouse's record, you may be able to receive benefits regardless of your own age.

Key Takeaways

  • You must have been married for at least 10 years to receive divorced spouse benefits on an SSDI record, and the marriage must have ended at least two years ago.
  • Unlike retirement benefits, there is no age requirement — you can receive divorced spouse benefits at any age if you meet the other conditions.
  • Your benefit is typically 50 percent of what your ex-spouse receives, and it does not reduce their payment.
  • You must be unmarried at the time you explore, though remarriage after age 60 does not disqualify you.
  • The SSA will not contact your ex-spouse or tell them you have applied — the process is confidential.

The 10-year marriage rule and timing requirements

The marriage must have lasted at least 10 years, counted from the date you were married to the date the divorce was final. If the marriage lasted 9 years and 11 months, you do not meet this requirement. The SSA counts the full day of marriage through the full day the divorce became final in your state.

The divorce must have been final for at least two years before you can explore, unless your ex-spouse is already receiving retirement benefits (not disability). If your ex-spouse is on SSDI, you must wait the full two years after the divorce is final. This two-year waiting period cannot be waived.

If you were married multiple times, each marriage is evaluated separately. You can only receive benefits on one ex-spouse's record at a time, though you can switch to a different ex-spouse's record if that would give you a higher benefit.

Age and caregiving exceptions to the marriage waiting period

If you are caring for your ex-spouse's child who is under age 16 (or disabled and any age), you may be able to receive benefits without waiting the full two years after the divorce. The child must be your ex-spouse's biological or legally adopted child, and you must be the primary caregiver.

This exception applies only to the person caring for the child — not to the child themselves. The child can receive benefits on the SSDI record at any time once the ex-spouse is approved, regardless of the two-year waiting period.

Marital status requirements and remarriage rules

You must be unmarried at the time you explore. If you remarry before explore, you lose the right to divorced spouse benefits on that particular ex-spouse's record. However, if you remarry after age 60, you can still receive divorced spouse benefits — the remarriage does not disqualify you once you have already started receiving them.

If you remarry before age 60 and then that marriage ends (by divorce or death), you may regain the right to benefits on your original ex-spouse's record, provided you still meet all other requirements. The SSA will evaluate your situation based on your current marital status.

How your own benefits interact with divorced spouse benefits

If you are also receiving your own retirement or disability benefit, the SSA uses a process called deemed filing to determine your total payment. In most cases, you receive your own benefit first, and then the divorced spouse benefit makes up the difference to reach 50 percent of your ex-spouse's amount — but only if that is higher than your own benefit.

For example, if your ex-spouse receives $1,200 per month, a divorced spouse benefit would normally be $600. If you are also receiving your own retirement benefit of $400, you would receive your $400 plus $200 from the divorced spouse benefit, for a total of $600. You do not receive both amounts in full.

If you are receiving Supplemental Security Income (SSI) instead of SSDI, the rules are different. Divorced spouse benefits count as income and will reduce your SSI payment dollar-for-dollar. You should discuss this with your SSI caseworker before explore.

how the process works and what documents you will need

You can explore in person at your local Social Security office, by phone at 1-800-772-1213, or online through the SSA's website. You do not need your ex-spouse's permission or cooperation to explore. The SSA will verify the marriage and divorce on its own using public records.

Bring or have ready: your Social Security number, birth certificate, divorce decree, and proof of the marriage (marriage certificate). If you have changed your name since the marriage, bring documentation of the name change. If you are explore as a caregiver for a child, bring the child's birth certificate and proof of your relationship to the child.

The SSA will contact your ex-spouse's employer or former employers to verify their work history and earnings record, but they will not tell your ex-spouse that you have applied. The process is confidential. Processing typically takes three to six months.

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

You can explore for divorced spouse benefits even if your ex-spouse has not yet applied for their own SSDI. However, your benefits cannot start until your ex-spouse has been approved and is receiving benefits. You can file what is called a "protective filing" to establish an earlier process date, which may increase your back pay if your ex-spouse is later approved.

If your ex-spouse is working and has not yet applied for SSDI, you can still explore. The SSA will hold your process and process it once your ex-spouse files and is approved. There is no penalty for explore early.

Medicare and Medicaid coverage for divorced spouses

Once you begin receiving divorced spouse benefits, you become may have access to to Medicare coverage. If you are under 65, you will be enrolled in Medicare Part A (hospital insurance) and Part B (medical insurance) automatically. You will pay the standard Part B premium, which is deducted from your benefit payment.

Medicaid coverage depends on your state and income. Some states cover all SSDI beneficiaries automatically; others have income or asset limits. Contact your state Medicaid office to learn whether you are covered and what your out-of-pocket costs might be.

Frequently Asked Questions

Can my ex-spouse find out that I applied for benefits on their record?

No. The SSA does not notify your ex-spouse that you have applied, and the process is confidential. The SSA will verify their work history and earnings using its own records and employer information. Your ex-spouse will not be contacted or informed unless they specifically request a statement of their own benefits.

What if my ex-spouse is still working and has not applied for SSDI?

You can still explore. Your benefits will not start until your ex-spouse has been approved for SSDI and is receiving benefits. Filing a protective filing establishes an earlier process date, which may give you back pay once your ex-spouse is approved.

If I receive divorced spouse benefits, does it reduce my ex-spouse's payment?

No. Your ex-spouse's SSDI payment is not affected by your divorced spouse benefit. The SSA pays you from the same trust fund, but your benefit does not come out of their monthly amount.

Can I receive divorced spouse benefits if I remarry?

If you remarry before age 60, you lose the right to divorced spouse benefits on that ex-spouse's record. If you remarry after age 60, you can continue to receive benefits. If a later marriage ends, you may regain the right to the original ex-spouse's benefits if you still meet all other requirements.

What if I was married more than once?

You can receive benefits on only one ex-spouse's record at a time. If you were married to multiple people for 10 years or longer, the SSA will calculate the benefit amount for each and pay you the highest one. You cannot receive benefits from more than one ex-spouse simultaneously.