Social Security Benefits after Divorce 131

Although a divorce court can and will divide retirement benefits such as 401(k) accounts, pensions and IRAs, it cannot divide Social Security benefits. And for many couples, Social Security benefits will make up a considerable portion of their retirement income.

In a long-term marriage, one spouse (often the wife) may have stayed home to raise the couple’s children while the other spouse worked outside the home, paying into the Social Security plan for future benefits. Just as the court (and the couple, generally) presumes that retirement savings will later benefit both spouses upon retirement of the working spouse, the Social Security system has built-in benefits for divorced spouses who meet certain conditions.

Eligibility for Social Security Retirement Benefits of Ex-Spouse

A divorced spouse can receive Social Security benefits either on her own contributions to the Social Security system or as a spouse of a contributor. The benefits as a spouse of a contributor (primary beneficiary) are called “derivative benefits”.

If you are divorced, but your marriage lasted 10 years or longer, you can receive Social Security benefits on your ex-spouse’s record (even if he or she has remarried). In order to collect, though, you must be (1) unmarried, (2) age 62 or older, (3) The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse’s work, and (4) Your ex-spouse is entitled to Social Security retirement or disability benefits (but does not have to be actually receiving them).

The amount paid to you, the dependent claimant spouse, is a percentage of the benefit due your ex-spouse, the primary beneficiary.

If your ex has not applied for benefits but can qualify and is age 62 or older, you must have been divorced for at least two years in order to collect benefits. If your ex-spouse was actually receiving benefits before the divorce, there is no two-year waiting period.

If you, the dependent claimant spouse, remarry, you will not be eligible for benefits unless and until the subsequent marriage terminates by divorce or death. If the remarriage terminates, you become eligible again for derivative benefits from the first former spouse.

If you continue to work while receiving derivative benefits, Social Security’s retirement benefit earnings limit applies. This will lower your monthly benefit while you are still earning income elsewhere but may increase your benefits after you stop working.

Eligibility for Social Security Widow/Widower Benefits for Ex-Spouse

If you are the divorced spouse of a worker who dies, you could get benefits just the same as a married widow or widower, provided that your marriage lasted 10 years or more.  In general, you cannot receive survivor benefits if you remarry before the age of 60 unless the latter marriage ends, whether by death, divorce, or annulment. If you remarry after age 60 (50 if disabled), you can still collect benefits on your former spouse’s record. When you reach age 62 or older, you may take retirement benefits on the record of your new spouse if those benefits are higher than the survivor benefits you’ve been collecting previously. Your remarriage would have no effect on any benefits being paid to your children.

There is no limitation on the number of divorced surviving spouses who can receive benefits on the deceased worker’s earnings record, as long as they each meet the qualifying conditions. A former spouse, however, does not have to meet the length-of-marriage rule if she or he is caring for a child of the primary beneficiary who is under 16.

Effect of Claim on Ex-Spouse’s Own Benefits

The amount of benefits you get has no effect on the amount of benefits your ex-spouse or their current spouse may receive.


  • Nana

    An Ex-Spouse’s ability to receive benefits regardless of the fact that the Ex-Spouse’s new wife will also receive benefits? That seems like a money pit and a very redundant system. What a waste of the SS funds, unless the Ex-spouse receiving the funds is disabled, they should not be able to receive SS funds regardless of whether or not they remarried. Especially if they are able to receive benefits based on their own work/SS account. What a waste of SS funds…. double entry funds retrieval system for sure!!!

    • Lynnea M. Hayden

      In answer to your question, the NEW wife does NOT receive anything!! Or, the NEW husband does NOT receive anything!
      If you were married more than 10 years… YOU get the benefits…NOT the second or third spouse!!! This is a Ma. State Law!!!!!!

      • Anna

        As long as the spouse, first, second or third were married for ten years they are eligible to receive their spouse’s or ex-spouse’s benefits.

  • gjg

    it is not a waste of funds, that first marriage is the one that counts like it or not. Especially if that spouse stayed home to raise children they are entitled to draw SS from a spouse who worked.

  • I was married 11 years to a man that in order to keep the house to raise my children he asked me to giveup any claim on his pension and social security benefits…The house burned down…Can I claim social security benefits,for the 11 years I was married…

    • Sally

      Hi Deborah! I don’t know if anyone responded to you yet, but I had the same situation with my ex wanting me to sign off on his pensions, which I did just to get out of a bad situation. Some men are just something else, right? In my divorce papers, I didn’t see anything about signing off on social security benefits, but I worried about this too. From what I was told, social security benefits come under federal law, so you can’t sign off on that — just his pensions. Besides, it wouldn’t come out of his pocket anyway like his pensions would. My ex always complained about having to pay any child support, and my daughter was sickly which made it difficult for me to work full-time. When he became disabled when my daughter was about 12, he even pitched a fit that I was getting half of his disability as child support for her. So, the government was basically paying his child support for him, and he still complained even though he came out ahead because he didn’t have to pay it anymore. Unbelievable!!! You may want to double check into what I said just to be sure that I’m accurate in what I’m saying. Call the Social Security Office directly, if you haven’t already. I am so sorry to hear about your house and hope that things are going okay for you. Take care!

  • Marie

    The ex spouse of a deceased worker, married to him for more that ten years, I just turned 60 but I remarried years ago. If I divorce my current husband I should be entitled to benefits from my deceased ex. Even if I then remarry him, it should not effect my benefit. Am I reading this right?

    • Michele

      Yes you can collect on your EX if you divorce the husband you are with now…BUT if you remarry that second husband…then the faucet will turn off again ! Who are you kidding?

  • ladyusa602

    i was married 24 years to a man 19 years OLDER, he is now 64 and im 45, we have been divorced 2 1/2 years when can i recieve ss benifits in phoenix,az?

  • Momo1999

    My brother died in December. He was never married, but did have a long-term girlfriend with whom he has a child. My brother DID sign the birth certificate, however we have always been concerned that the kid is not his. I know that this kid will probably always be entitled to a soc. security check, but can we request a paternity test for the purposes of the life insurance policy?

  • matt

    I’m 34 and receive ssdi. My 2 young kids get benefits, which go to my ex wife (she had an affair, got pregnant, and divorced me for him) since the kids spend more time with her (though we have joint custody). She sees this as her $, and refuses to account for how it’s spent. Is there anything I can do to ensure this money goes to my kids?

    • servergms

      normally, in that case a judge and/or lawyer would make sure you get them as dependants on your taxes and not her. cuz its actually coming from you. and that money that goes to the kids goes against you every year not the ex or the kids . trust me i know cuz they told me i was unelligable for 2 years of it and they made me pay back ss from my ss and what the kids got was added to me even though the cash went to their mom, i never married her

  • LastOne!

    I have been married for 21 years..husband is 71 yrs old. living with another woman. He receives SSI monthly (not much). When I do file in 3/4 years will he be able to get mine?. I have not claimed part of his as of this moment….basically he is having his cake and eating…….

  • PegM

    My husband & I have been married for almost 5 yrs. We do not have children together. We are both 59 yrs old on state welfare. We have been separated for 1 mo. I receive disability & my husband has applied for disability. This is an uncontested divorce. Will the amount of his benefits increase when we divorce? And how will the divorce affect our food stamps?

    • Lulu

      I will be divorcing my husband of nine years.will he still be able to get my social security? will i still get the amount?

  • Terry

    14 yrs. Aug.2 and divorcing. I have heard of Derivative Benefits, spouse is 59 receiving Disability as he is blind and disabled vet I on the other hand will be 49 in Nov. and have some health issues with my neck(degeneration of the plates,disks and joints flat as a pancake and nerve to right arm caught in between it all) and surgery maybe in sight as it has been suggested to me by drs. What I would like to know since he is getting a monthly check when I go to answer the petition can I claim or ask the judge for the derivative benefits? Need answer ASAP as I only have 16 days now left to answer it.

  • DBH

    I was married to my husband for 9 years then we divorced and he has remarried. My questions is, since we lived together as husband and wife, joint checking accounts etc. and if I could get proof of this and affidavits from both sides of the family as well, could I still claim half of his retirement / social security since I did not remarry?

  • Terry

    UPDATE: My divorce was “signed off” by the Judge today and the derivative benefits were automatically included in the Divorce. As I stated above ex spouse is collecting SSDI at age 59 now and I will be 49 in Nov. and since I have health issues I need to know how,who or what do I do to file the paperwork for the derivative benefits right now? Anyone know?

  • TLE

    I have been on Disability Social Security since 1997 was married for 29 yrs and got a divorce 6 years ago. My EX husband became disable this year and is now getting his SS Disability benefits. I am 55 and he is 57 yrs old. Can I apply now to recieve benefits off of his SSD benefits?
    I stayed at home raised the kids and when he was out of work I went to work and am drawing benefits off of my work history. I know I will recieve more benefits off his work history. Please advise if I am eligable to draw from his benefits at this time or if I have to wait untill I am 62yrs. old. Thank You

    • tle

      If i am 53 n on disability can I get spouse benefits from my 57 year old x if he is still working

    • Debra L Heyden

      I believe you can claim off of his now. If he retained the age of atleast 62 and is collecting than I do believe your ready at the age of 55.

  • lisa

    I’m doing the divorce paperwork myself…do I need to include a clause about my ability to receive my ex-husband’s SS benefits in the divorce, or it it automatic?

    • Liz

      I was divorced almost 3 yrs ago after 22 yrs of marriage. No you do not have to include anything about SS benefits in the divorce, it is automatic.

    • Debra L Heyden

      If the marriage was 10 yrs or more and you have not remarried you will be automatically included, Social Security keeps track

  • VirginiaSC

    My husband passed away when my son was only 7 months old. He had a son by another marriage also. We all recieved his death benifit. The other son turned 18 this past July, I thought my sons benefits would have gone back up, but they have not. I remarried 4 years ago, so mine where terminated. I am about to get divorced due to new husband and child do not get along. Is there anyway I would beable to reapply for my deceased husbands widows caretaker benifits again?

  • Deb

    I was married for ten years then we divorced. He died when our daughter was 16. She has many disabilities. She is now 23. She collects ss. I was told I should be receiving survivors benefits?i am unsure of what this is or how I go about to see if I qualify? Any suggestion.

  • VirginiaSC

    I was married to my husband almost 2 years. Six weeks after we where married he was dx with colon cancer at the age of 36. He survived 20 months. When he passed away we had a 7 month old son at the time and he had another son from previous marriage. I was getting benefits for my son and alittle myself but I was working to help support me and my sog. The other ex wife was getting it for her son and really not working so she could collect too. Her son just turned 18 this past July. He no longer get a benefit. I thought my son’s would go up, but have heard nothing for social security. I am trying to get my ducks in a row. I remarried alittle over 4 years ago, and I am in a verbal/emotional abusive relationship and I am trying to figure how I am going to beable to support me and my son. Even though I remarried, if I get divorced would I beable to be eligible to recieve benifits from my first husband deceased while taking care of our son? Can any body help me with this or tell me what I need to do. Thank you in advance.

  • My ex ( divorced) wife died in Dec. 2011.
    She was receiving benefits based on my retired Social Security payments.
    Will my SS benefit (dollars) increase since my ex is no longer receiving a SS payment from my record?

  • Tamako

    I’m going to have a divorce with my husband. We where together for 13 years and we have two kids. One is 13 and the younger one is 7. This is his second marriage and his last marriage lasted over 10 years. They also had two children, one whom is now 31 and the other is 29. His ex wife was married before age 60. Who will reciewve the social security benefit when we divorce his ex wife or me? Also If my husband gets married for a 3rd time who will get the the social security benefit then?

  • Jill

    When my x husband and I divorced he told the court he did not have any retirement where he worked, but I found out later he did..along with stock options with the company. Can I still go back and file something to become eligible to recieve these benefits at a later date. We were married for about 9 yrs. in Kentucky

  • White Dove

    I was married 26 years. I have tried to make it on my own, but I have no income due to taking care of sick relatives, and bad credit that my x was Court ordered to pay but did not, so leaving me with bad credit, which is a law in my state to “not hire”. My x gets SSI 100% and 100% VA disability pension (that I fought for to get for him while he was under a ‘non-workability’ claim with the VA. He claimed PTSD, I fought on those grounds and won. However, it was not until the divorce was final that he received the permanent Pension. I now have no income, no home, have to live with others, and lean on family for help. He has married two times since the divorce, and now has a new home, two new cars, and never even has to pay a penny for an aspirin. VA pays it all. I am having health issues, therefore fighting the VA for a portion of his pension. So far denied. I would like to know if any other woman or man has had this battle with the VA, and any good advice would be greatly appreciated. He is pretty much healthy and through our senator, I found out he never even was in combat. It was all lies. But my tenacity won his claims, and I have been thrown away as nothing. Any advice at this point would be a God-send. thank you!

  • Cynthia

    I am a Georgia resident. My husband and I are currently separated (have been for 2 years) I recently told him to go ahead and file for the divorce, since I cannot afford it, nor am I receiving any spousal support. I am 63 and he is 59. Plus, there is a 38-year old involved with him right now – laying in wait like a rabid dog. I know that even though he was a 16-year employee of General Motors years ago, and eligible for pension/retirement benefits at retirement age, will I be entitled to any of those monies? Should it be specifiied in the divorce decree even though I told him to go ahead and file?

    • Daisy

      I know this is an old question, but, I just feel the need to reply! Why on earth would you be on a Social Security website asking divorce questions that have nothing to do with Social Security? I see many people asking questions about divorce, and the question has nothing to do with Social Security! Do people read any more? Or is that people don’t know how to comprehend what they are reading?
      Now, for your DIVORCE question: Go get yourself a lawyer. There is a place called Legal-Aid for people who can’t afford an attorney. You can also go to the Georgia Barr Association web page and fill out a form to see if you qualify for a reduced fee lawyer. You NEED a lawyer, now. Yes, you are entitled to ask a judge for a portion of your exes benefits, and even spousal support. To qualify for spousal support will depend on how long you were married. Most states say you have to be married for at least 10 years in order to qualify for spousal support. Yes, you have to specify in a divorce petition, or divorce response what it is that you are wanting from the divorce. If your spouse has filed for a divorce, you have to be notified of it. His petition will state what he wants to see happen in the divorce, you MUST file a response within a certain number of days, or the petition will go to default. Default means that you did not answer to the petition within the allotted time limit. If your spouse gets the default granted, he will receive what he wanted in the divorce. You will get nothing because you didn’t bother to respond to the petition. Go get a lawyer for divorce problems, do not waist time on a social security website. I also urge you to go to your county’s social services office. You might qualify for welfare, food stamps, and medical benefits, maybe even emergency housing. Your counties social services office may even be able to refer you to where you will be needing help for your divorce.
      **** Yes people, I know this question was asked a year ago! I am answering it in hopes of maybe helping others asking the same type of questions.

  • Mary

    I’ve receving SS on my own income, my husband turned 66 and file for his SS retirement, he claimed he was single, I had file for divorce but is not final, we still married so I refiled under his SS which will be more than what I’m getting right now,we’ve ben married for almost 8 years, SS told me as long as we still married I can get benefits under his SS, but I will go back to my original amount after the final divorce, my question is what’s the penalty for perjury since he claimed been single just to be mean and to hurt me..

  • cathy

    I was 62 when I started collecting social security disability. I was divorced two years and started collecting on my ex spouses social security at about age 63 and he is still working and was 62 when I started his. My question is, if I am now 64 and get remarried, will I loose his benefits? If I remarry can I collect my new husbands benefits instead and he will be 66 in 2012 full retirement age.

    • Debra L Heyden

      Yes, if you remarrie you will lose your bennifits from your ex!

    • Debra L Heyden

      Yes, if you remarry, you will lose his bennies!

  • Catherine

    I had a stay way order from my husband. During the separation before I began divorce proceedings he recieved large pension payment. Am I entitled to receive a percentage of that money?

    • Daisy

      That is a DIVORCE question. This is a social security website. You need to ask a divorce lawyer.

  • jackie

    I have been separated from my husband for eight years. We have been married eighteen years. In the time we were separated he became disabled and is on disability . I’m sixty, am I eligible to draw his ss too even though we don’t live together. And am I entitled to any of his settlement he drew from his accident on the job of 70,000 dollars?The reason I ask is , I’m not a gold digger , he want give me a divorce . When my ex died he left my son money . My son gave me some money while I was married to my current husband. I bought land . I payed it off five years after. I put the land up as collateral on a mobile home. I got cancer couldn’t afford it and lost the land . All I want to do is get a divorce and draw my widows pension off my first husband. HELP!!

  • maria

    i have been married for 30 years i have been seperated from my husband for 5 years am i entitled to his social security benefits after he passes

    • Daisy

      YES! You have been married for 10+ years. That qualifies you for his social security benefits. You would even qualify for his benefits after a divorce if you got one, as long as you do not remarry.

  • Sonia

    My lawyer seems to dropped his hands….he even asked me if I wanted to changed lawyer, because I questioned his ethics. The first conference, he met with my husband and his lawyer without me, even though I was there. Also am I entitled to SS being married for 11 yrs and a stayed home mom with 2 boys? Should I changed my lawyer?

  • Mary

    Please help! I have been divorced for 17 years. In my divorce decree, it states that my ex receives a redit dollar fro dollar for any SSI I would receive from him since he has given me support every month since divorce and has to for the rest of my life. I have reached 62 and now he is retired. I have gotten part of my support from his pension and he was sending the difference, however, now he syas that he is not even giving me the difference since I will be getting 271.00 because I did not work due to sickness and anxiety while married and now. Is this legal if written in divorce? It does not come from him but the government. He is a scammer by the way and I was not aware this was put in decree.

    Thanks for any help

  • JB St.John

    My wife and I separated in Sept 2000 and finally divorced this past May 15th. I agreed to pay her one half of our combined income (my military retirment, my SSB and her SSB). This is what I had been paying her since separating and my lawyer advised that that was what the court would decide if left up to the judge. Texas has some legal precident in this regard so I went along with it. Now I see that there is a possibility that she could go to the SSA and get her SSB raised to one half of what I receive, which is more than her SSB is right now. She is 67 and I am 73. If this is true and she does do that, how would I know? She would be getting $300+ a month more than the decree stipulates…which seems hardly fair. What should I do???

    Thanks in advanc…JB

  • Melinda Brown

    If a man an women got married, and been married for over ten years, but the wife abandoned the marriage within the first year of the marriage, then the man marries someone else after about 13 years of being married to his first wife then he dies, Is the first wife entitled to any of the husbands death benefits?

  • Terry

    Going thru a divorce have to pay spousal maintenance, have a disabled child,will the spousal maintenance stop when I retire and she will draw social security as care taker for child?

  • nyangel

    i was married for 10 years im on disability and am wondering if i can collect benefits at age 50 from his soc. sec. since im disabled or if i remarry this same man is it considered a new marriage or is there a clause for this? need help dont know where to turn….. thanks for any help offered.

  • KC

    I am divorced and have one minor child. Our divorce was in Colorado. My ex-spouse just started receiving monthly benefits thru social security disability. He also received a big “back pay” check. Our child is eligible for disability benefits because of my exes claim. My ex states our child will also get a “back pay” check and also a monthly check until the age of 18. My ex pays monthly child support. My question is: Now that our child will be getting social security benefits, will the child support benefit be taken out from the minor’s money? What about the “back pay” check the minor will be getting. Is my ex entitled to receiving that check? It seems like the child support obligation would be garnished from my exes own monthly benefit check, not from the minors. I would appreciate some insight about the Colorado law. Thanks!

  • carla stanciel

    me my husband are seprated he reicieves his ssi disability i had surgery and had to stop working so that left me with no income i have applied for my disabilty due to the fact that iam up under doctor care can i recieve any type of his beefits

  • MeToo32

    I was in Australia when my divorce became final in MI and when I received the court papers I saw my ex lied to me (pathological liar). The judge gave him everything EVERYTHING and gave him sole physical custody of the kids and took all my rights to his pension away. He told me he was going give me joint physical custody and 1/2 his pension and 1/2 the marital
    assets. I was marred to the man for over 20 yrs. How can he get away with this? I thought the law said after 20 yrs of marriage it had to legally be spilt regardless. Can I bring this back to court? The judge was wrong to do this to me.

  • Scared

    If I have been married for 32 years and am now getting a divorce, will my disability go up, since I will not have his income? He is still working and I am only 49, almost fifty years old and I am on disabilty. I am scared and do not know how I will live on my income! I have numerous health problems and my medication alone is going to be around a 1/4 to 1/3 of my income.

    • erin

      Hi, Scared! I just stumbled upon this site because my husband of 26 years just left my daughter and I about 3 months ago, and your story sounds a lot like mine! I too am on disability for several health problems and have not worked outside the home for 25 years. I stayed home to raise our daughter(who is now 22, but lives with me. She too is not well and we take care of each other)and my husband worked and I totally depended on him for everything. I do get disability payments once a month, but have no idea how to survive on its meager amount. We have no idea where my husband is and he has not spoke to us since he left. One morning I woke up, found a note that said he was sick of lying to me and that he was a coward and that he felt we would be better off without him, and then-nothing. We searched for him because at first I thought it was a suicide note. The police found him later at his mother’s in Milwaukee, but he refused to speak with us. Then a friend of his found out he left his mother’s and is somewhere else. It is very confusing, and I am completely overwhelmed and am not healthy. Now my daughter and I have to vacate our present home by the end of October because we cannot afford the high rent payment and have to find an apartment with my meager disability check. I see that your post is two years old, but if you come across this can you please reply and tell me how you are doing, and if you have any advice for me? I am terrified and keep running into dead ends. Thanks and I hope all is well with you now. I am very sorry for what happened to you as well. Sincerely, Erin

  • SingleMama

    I was married for 21 years, divorced for 5 now. Ex husband recieves soc sec benefits at age 66 now, will be 67 in Feb. We have a 7 yr old together who also recieves soc sec, should this be in an account with both parents listed on it for her future? How can I find out the amount he recieves for our 7 year old per month? Thanks for your time and help.

  • Singlehappymom

    Me and my husband have been separated since Nov 2008. We have a child who is now 6 yrs old and under my care. My husband is receiving social security disability benefits. The problem is he is not giving the whole benefit amount to our child. He usually gives only half every month of what our child is suppose to get. We are not yet divorce but I’m planning to file the divorce papers this year 2013. We are only married for 5 years. My question is can my son directly get his child benefits? like can it be automatically be deposited to his bank account so that he can get the full amount? What do you think I should do?

  • mia

    i just got married to my husband one month ago and he died last january 10,do i have the right to claim the social security?

  • kasha

    – I am kasha i lives in uk and i was in a serious relationship with my ex guy for three good years.. One day we were in a dinner party, we had a little misunderstanding which lead to a Quarrel and he stood up and left me at the dinner party. i try to call him but he was not picking my calls so after than i contacted my brother and told him about it,my brother so much love me that he had to see him on my behalf,he told my brother that it is over between us.. Then i contacted a friend of mine that had this similar experience and she directed me to one of the spiritual diviner ( first i thought it was not going to be possible and i contacted him i was ask to come up with a little requirement,so i did what i was ask to do, after 3 days i was in my office when my ex guy called me and was asking me to forgive him and come back to him. i was very surprise it was like a dream to me,so ever since we have been happily married with one kid my lovely baby(Ceslav)…i wish you the best of luck…

  • Gina

    My mother was married 2 times just under 10 years and she does not qualify for social security has zero income and is 75 years old about to loose her home and I DONT know what to do HELP…

    • wifather2000

      Don’t get divorced! Put the 3rd grade princess on the garbage truck and enter into the adult world!

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    • Daisy

      You need some serious mental help! Beware: This is a SCAM!

  • Glenda

    I wasmarried to my ex spouse for 10 years, Can I get a benefit from his ss record even if I will not live in USA ? I am a us citizen but like to retired in my country. I will appreciate an idea Thanks

    • Daisy

      All depends on what type of social security you are talking about.
      If he collected regular social security because of retirement, Yes, you will receive it. But you must still be a US citizen and have a bank account set up. You can even have a dual citizenship.
      If he received SSI (this is for low income people) NO, you can not leave the US and still collect.
      If he received SSD (for disability) YES, you can move to another country, but still must be a US citizen, or even a dual citizen with a bank account set up.

  • Grandma of 12

    I am 48 years old, my late husband passed away in 2008, but we divorced in 1998 after having been legally married in 1990 with 4 children. Our youngest daughter was 20 when he passed. We married in the state of KY, but had been living together for 6 years in the state of OH prior to that. Back then if I’m not mistaken, we were already considered ‘common law’ married. My question is, can I draw survivors benefits?

    • Daisy

      I recommend you ask the social security administration this question directly. They can answer all of your questions as fact.
      You were legally married for only 8 years, correct? You must be married at least 10 years to be able to collect on a spouses, or ex spouses social security.
      You had a common law marriage of 6 years, correct? Still not the required 10 years.
      I would ask if the combined legal AND common law marriage would be considered a “marriage” of 16 years total, retrospectively. I would think the answer would be no……… but it never hurts to ask! Good luck!!

  • Mar

    I married in 1995 and seperated 3 months later on which we had a son in 1990. We never divorced and my son is now over 18 on his own. I went on ssdi in 2011 unable to work due to heart disease. I want to divorce and my husband never worked but odds and ends jobs and welfare. Our son is still owed back child support for him, ex is only ordered to pay $10 a month becUse as usual he does not work! Can he take from my ssdi? Will ssdi increase my income? P.s married in jersey but relocated years back out of state.

    • Daisy

      Yes, your husband can collect his social security on your benefits. You have been married for more than 10+ years. No, SSDI will not increase your benefit limits. You will only received an annual cost of living increase like everyone else.
      When people ask if a spouse, or an ex spouse can “Take” from their social security benefits, this is not correct terminology. A spouse, or ex spouse can never take a portion of your social security. Social security itself “matches” your benefits and will pay them a percentage based off of your benefit amount.. Your benefits will never decrease because of a spouse, or ex, collecting on your benefit amount.
      I advise you to take your husband/ex back to court to collect back child support!! He was court ordered to pay, and he has ignored a direct order from the courts. That act will hold stiff penalties! You can call your local county district attorney, or DHS (the division of child services). They will start collection actions. Do not tell him you are going to do this! He may run away and then they will have to find him first. After speaking with either your district attorney, or the division of child services to start collection actions, go and file a petition for dissolution of marriage. You will get both a divorce, and back child support due to you. Good Luck!!

  • mary

    Hello dr,kokotemple. I recieved an order from you a couple of months ago. I would just like to thank you very much as both talismans have really helped me. I had ordered the Mystique Talisman and the Spirit Calling Talisman which have both been very effective. I will be in touch within the next few weeks to order some more items from you. Meantime once gain many thanks to you and your special powers.his email address is dr,

    • Daisy

      SPAM SCAM! Beware!

  • roland

    I wanted you to know that in February I wrote and asked for some help. I needed some

    money. Three weeks after my spell was cast I won R25, 400. Then a week later I won R3,

    4730, then R800, 290. Esther Cape town ” Thanks for casting a spell for me on march

    20th. On the day you chose I won $3959 on Lotto. The next day I won $10000 at Bingo.”

    Ronald Lynbrook, NY if you need his help contact email adress

  • LMS

    I was married 41 years, divorced and now remarried. Does this mean I get nothing from filing jointly all those years?

  • Norbert

    Judge ordered ex to pay 1/2 of loan remaining knowing her only provable income was SSDI. Said she has to pay or go to jail. Been 8 months since I was to receive 1st check and she has yet to pay and the judge has yet to set a court date. What do I do?

  • Shel jean

    Sadly i have to divorce my husband of 26 yrs…. i can take no more….i am 71 and receive 600 month ssi will that go up as a divorced woman…do i get any percent of his ssi?

  • Julian Tony

    My name is Julian Tony I am a Canadian i want to share my testimony, I was married to my husband for nine years before he left for another woman it was so bad that it affected my job. To shorten the story, it all ended when I meet with a great spiritualist who cast a spell for me. In relationships we need a lot of spiritual help, he told me my problems and then cast a spell for me and after three days my husband who had abandoned me for two years already came to my door with some red rose flower asking me to take him back. We talked for some time concerning his new wife, he agreed to leave her after two weeks we renewed our wedding vows and we are happy together if you want to contact the spiritualist you can contact him personally through He is a father figure with great powers, his temple is a home of solution.

  • What should I do?

    I have been married for 24 years and I became disable for more than 8 years,(On the job injury)The soon to be ex is also disabled,We have not lived as husband and wife for more than (3),Soon to be 4 years now..Each of us have our own bedrooms in the same house and we live more like kin than a married couple…We have decided that it would be best to continue on with a divorce…In any case,I want to get my own Apartment but I cannot afford in on the 688.00 per month..Will my income remain the same after the Divorce? I need to know if I should try to get a Government Apartment,Or will I be able to make payments on a Non-Government Apartment…I just want to plan ahead..Thanks so much…

  • Anita

    I have a ? My mother in law (52 yrs old) divorce her ex husband yrs ago they were married for 10+ yrs. She lost one eyesight and is on verge to losing the 2nd and will become blind. She was told she can apply to get his SSDI as he is a detective and his earnings are more than hers (she works as a school aide) my ? is if you becomes disabled now at 52 yr old can she collect his SSDI now or does she have to wait to be 62 in order to collect his SSDI

  • Rose

    Hi, my husband is 62 and I am 61. We have been married for 41 years. I’m thinking of leaving him. I have stayed home to raise to daughters. I worked before we got married and after. When the girls came I did daycare. No money taken out. When they were in school I worked part time at their school for 12 years. Will I get part of his paycheck and retirement when he retires. He lost our home that I put $35,000 down from my dads inheritance. He was layed off after 31yrs because of his temper. Will I get half of his inheritance? They own a home and a lot of other big money. I’m so lost. Please help. Thank you so much.

    • auburnsks


  • OH NO

    My husband was married for 6 months in 1980. She up & left him with their newborn child. Then at some point she had remarried without getting a divorce from my husband & did some time in the pokey for biligomy. She apparently had to go back to her married name afterwards. So for 32 yrs they were legally married but only together for 6 months. He finally filed for divorce 2 yrs ago when we got married. Is she entitled to his social benefits when he retired in 6 months? (she will also be 62)



    • Debra L Heyden


  • Bravo Ogbe

    My husband and I been through so many trials with family deaths and his illness, that changed both of us. I became an unhappy and un appreciative wife. My husband left me for another woman. My relationship with the Lord was suffering. His leaving was the worst thing that ever
    happened to me. One day while I was going through the internet I saw a man called Dr. Ibolo, I contacted him he told me to have only trust, hope, faith and courage as he proceeds with my spell work, in 2days my lost husband came back…. And now we are one happy family and his sickness is no more and I got pregnant in few days and now we have a baby boy… Thanks to Dr. Ibolo, you can contact him on his email at ( for help…
    Thank you and be blessed

  • Rose Marylove

    Hello want to say thanks to this Dr Idibia about the good things he have done for me and my family i was married to Jude and my name is Sandra will both livein England and will have 3 kids,after a year old of my last born, he started behaving so strange to me which i cannot tell anyone, one night i was cooking not knowing my husband was about living the house i was just so busy cooking then after i finish cooking, I called him and he answered me by saying what is going on? and why are you calling me? I told him honey the food is ready lets eat he said no and i don’t no what to do next i pleaded to him still no way then i plead him to forgive me what ever thing i have done if i have wrong him he say nothing will talk tomorrow i said okay then i couldn’t eat the next day, i called him please can will take our breakfast now? he said no he will eat when he get to working place i was so depressed about what he is doing to me i look and said God help me i don’t no what to do anymore after he have left, i called my friend and she run down to my house then i express my pain to her she said let’s wait till he come’s back from work then i said okay till the next day i did not see him i called his cell phone number no answer then i can my friend again she came and tell me that he have heard about one man called Dr Idibia who help in a relationship issues then i said how am i sure is going to work out? she said it’s going to work that she have seen so many people Dr Idibia have helped then i said on how can i get in contact with the Dr Idibia? she said no problems she will give it to me then she gave me his email and his cell phone number then i called him first and he answer me very well and i was so happy for the hope he have given to me after casting the spell, in 3 days, In the evening, i saw my phone ringing as the Dr said to me it was my husband tell me his is very sorry about what he did to me i was so shock i end the call and called the Dr Idibia and tell him what my husband just told me he said it is done so what was how i was helped id you are in such relationship problems kindly via Email {} or call him +2348103508204 he will help you found your way out of your relationship life now am happy with my husband again.

  • Blenda Park

    my ex-boyfriend dumped me 5 months ago after I caught him of having an affair with someone else and insulting him. I want him back in my life but he refuse to have any contact with me. I was so confuse and don’t know what to do, so I visited the internet for help and I saw a testimony on how a spell caster (Dr Kasee) help them to get their ex back so I contact the spell caster (Dr Kasee) and explain my problems to him….. he cast a spell for me and assure me of 3 days that my ex will return to me and to my greatest surprise the third day my boyfriend came knocking on my door and beg for forgiveness. I am so happy that my love is back again and not only that, we are about to get married. Once again thank you for helping me to get my love back and your love spell is truely perfect, you are truly talented and gifted i will continue to publish your name on the net because of the good work you are doing.If you need his help contact him now through his email: ( +2347051705853 He also specialize on all kind of spell such as:



  • Marjan Viki

    I have been in great bondage for almost 2 years suffering in the hands of a cheating husband,we were happy and leaving well until he meant his old time gilr friend and he started dating her outside our marriage before you knew it he stooped caring and taking care of his own family it was to the extent that now he was planning to get married to her and divorce me his own wife, i have cried and reported him to his family but he never listened to any one but to cut my story short i came in search for a real spell caster who could destroy their relationship and make him come back me and our 2 kids on my search i saw people making testimony on how their marriage where restored by Dr.Trust i pick his email and i narrated my story to him and he agreed to help me and after performing a spell on the third day they both had a quarrel and he beat his girlfriend up and he came home begging for i and my little kids to forgive him that his eyes are clear now that he will never do any thing that will hurt his family again and promise to be a caring father and never cheat again.I am so so happy that i did not loose him to the girl all appreciation goes to Dr.Trustfor you are a Great spell caster and to whom this may concern if you have a cheating husband or wife you can as well email him on ( or

  • Clara James

    i will love to share my testimony to you all the people in world.

    My name is Clara James form london new york i got
    married to my husband about 2 year ago we start having problems at home
    like we stop sleeping on the same bed,fighting about little things he
    always comes home late at night,drinking too much and sleeping with
    other women out side i have never love any man in my life except him. he
    is the father of my child and i don’t want to loose him because we have
    worked so hard together to become what we are and have today .few month
    ago he now decided to live me and the kid,being a single mother can be
    hard sometimes and so i have nobody to turn to and i was heart broken.i
    called my mom and explain every thing to her,my mother told me about
    Prophet Adesuwa how he helped her solve the problem between her and my
    dad i was
    surprise about it because they have been without each other for three
    and a half years and it was like a miracle how they came back to each
    other. i was directed to Prophet Adesuwa on his email:
    and explain everything to him,so he promise me not to worry that he will
    cast a spell and make things come back to how we where so much in love
    again and that it was another female spirit that was controlling my
    husband he told me that my problem will be solved within two days if i
    believe i said OK So he cast a spell for me and after two days my love
    came back asking me to forgive him i Am so happy now. so that why i
    decided to share my experience with every body that have such problem
    contact Prophet Adesuwa the great spell caster on his email Id:

  • Clara James

    i will love to share my testimony to you all the people in world.

    My name is Clara James form london new york i got
    married to my husband about 2 year ago we start having problems at home
    like we stop sleeping on the same bed,fighting about little things he
    always comes home late at night,drinking too much and sleeping with
    other women out side i have never love any man in my life except him. he
    is the father of my child and i don’t want to loose him because we have
    worked so hard together to become what we are and have today .few month
    ago he now decided to live me and the kid,being a single mother can be
    hard sometimes and so i have nobody to turn to and i was heart broken.i
    called my mom and explain every thing to her,my mother told me about
    Prophet Adesuwa how he helped her solve the problem between her and my
    dad i was
    surprise about it because they have been without each other for three
    and a half years and it was like a miracle how they came back to each
    other. i was directed to Prophet Adesuwa on his email:
    and explain everything to him,so he promise me not to worry that he will
    cast a spell and make things come back to how we where so much in love
    again and that it was another female spirit that was controlling my
    husband he told me that my problem will be solved within two days if i
    believe i said OK So he cast a spell for me and after two days my love
    came back asking me to forgive him i Am so happy now. so that why i
    decided to share my experience with every body that have such problem
    contact Prophet Adesuwa the great spell caster on his email Id:

  • Shavonne

    I want to use this opportunity to thank for helping me get my lover back after he left me few months ago. I have sent friends and relative to beg him for me but he refused and said that it is all over between both of us but when I met this Dr. Agba, he told me to relaxed that every thing will be fine and after five days i contacted him, my man came back with tears in his eyes bagging and asking to be with me. I just cant explain how happy i am right now,, you are the best

  • amanada23

    i recently had a love spell cast on my partner last week after we both had a misunderstanding that almost lead to divorce and i was about losing my husband so a friend of my Natasha advice me to quickly order for reunite love spell that will make my husband change his mind from divorce which i did contact after the casting of the spell i receive a call from husband apologizing to me on what happened i can’t thank you enough Dr ekaka you are indeed a god gifted spell caster…

  • Omatwin

    I have been married since 2003 ,I got divorced in 2006 with two kids but has been living with my ex since then we just got remarried in 2013 can I still get his social security benefits or anything if something happen to him?

  • jeremy

    i have my two children with me for 2 years and my exwife has been getting ssi for them how do i get that to my children

  • Patti

    I was married to my ex husband for 3 yrs am remarried but have a son from my first marriage am I eligible for part of his social security

  • Scared and hurting

    I’ve been noticing my wife of 33 years instantly has became real cold ever sense I became disabled she seems to be pulling away I’ve noticed a few things that has destroyed me deep. Everything I thought was is a lie. My question is is she entitled to any thing if I have rock solid proof of infidelity. I’ve been told that is desertion of the worst kind and if proven there not entitled to a thing. ??

  • sherry

    Iam 60 years old my husband is 83 we have been married 30 years seperated8 8 years but not legally. I never worked, iam recieving ssi can I get money from his ssa lnstead

  • auntie

    My nephews mom died when he was 11 she had been on ssi for about 5 yrs but my nephew is now 18 and never knew he could recieve and benefits is he still able to collect any benefits now

  • Sad But True

    I receive social security for disability, I’ve been married for 4 years , and we have two minors that receive benefits through me. My wife and I are going through a divorce, does the kids benefits will continue after the divorce?

    • Debra L Heyden

      Yes but may be turned over to your ex or the children as child support

  • pyramid clinic

    My name is hope I was diagnosed of this deadly disease a friend of mine introduce me to drjamesdsolution and I actually did contact him after he has prepare what he said he will do he sent it to me and I used it according to his prescription after one week I went to the hospital to check my status again because I was feeling differently from the way I used when I was tested positive to my greatest surprise the status was negative the drotor there was surprise and I have to tell the whole world about this. If you are having any problem I recommend drjames for you. You can contact him with his email

  • Patty Napier

    I am on Social Security when I turned only 62 due to health reasons – heart. I can’t work because I don’t have enough air to walk many times. My husband of 12 years took his clothes and left me Saturday morning and I received divorce papers 2 or 3 hours later. I have NO money…412 a month minus 103 taken out for Medicare. I pay 78.75 a month for a supplemental health plan and I am paying two doctor bills, too. I also have a storage building that I pay 49 for and the rest that is left is used to pay on my medicine the amount that my insurance does not cover. Can I get a free lawyer or one that is very , very cheap? I desperately need an attorney right away because I don’t know when utilites will be cut off or when my phone will be cut off. He has total control of all those things. I need air conditioning and I need a phone in case I have a heart event. Someone PLEASE help me!

  • steve

    I have been disabled and on ssdi since 1989 before my marrage and after 24 years my wife filed for divorce am I entitled to a portion of her ssi benifits I am 55 years old I saw something about recieving a derceased spouses ssd but can I recieve them after the divorce while I am on ssdi?

  • joy mccutchen

    I am 63 been on ssd since 1994′ was married for 15years.I know that I can get benefits from my ex because of being married for 15years. So can I get his and mine benefits? He gets retirement at 62, and he still works part time. So what should I do to get the benefits that is needed?

  • A mess

    I entered into a common law marriage 25 years ago..I want to file for a divorce due to we can’t stand each other and he’s been cheating on me for many many years and until this day.,.I moved out because I couldn’t take it any more…was told by my two adult kids that if I remarry that they won’t get his social security check and they don’t won’t anything to do with me now…they have taken their fathers side and I had recently gotten back with my first love after 35 years…I don’t want his social security. The two kids want it and they can have it…how do I sign papers stating that the ck Go’s to them. What can I do.

    • auburnsks

      stay out of it, if they need you they will let you know

    • busby

      Forget about what your kids want. What do you want and what do you need? SS is NOT that much. Your kids have many years to WORK. You keep the SS. I have two kids like that. You got to start thinking about you because no one else cares.

  • MIC


    • busby

      Do your homework and get a REALLY good attorney….not cheap. But in the end, you’ll have the satisfaction of knowing you reamed the lazy………

  • getting taken advantage of

    Living with husband been married since 1990 not getting along
    Have three children. I was working TWO jobs to help us survive only to find out through a letter my husband was awarded social security disability. They cancelled my medical. .my question is how do I find out if he is receiving money on my behalf how do I get my medical insurance back since I have a VERY rare thyroid disease and my oldest is 18 full-time college student should that child still be covered?

  • stephen

    My friend is seperated, a stay at home mom, whom has been married for 10 years. She is without an income to survive. What kind of help is available to her, during this time?

  • confused

    Need help been with spouse for 9 years but married for 2years we have two children and ss will not supplement children due to spouse never having worked before he started receiving check his disability is required all my attention for 9 years there for if never worked if I devorse him will I be elegabe for any benefits for alomne


    What can a 74 year old lifelong housewife who was married for 18 years to her first husband then Divorced. Remarried for 3 years and Widowed by her Second Husband, Then Remarried to her 3rd Husband for almost 20 years and recently Divorced from him, recieve from Social Security ?? Can she collect off her 1st, or get Widows Benefits from the 2nd, or collect from the 3rd Husbands Social Security ?

  • elsa oran

    I was married for 4years . My husband who is a retaired US airforced passed away. I learned that my husband divorced me .I am still entitled for his VA death benefits and can i also claim SS benefits? He acknowledged my 34yrs old son as his biological son , is he also entitled to get benefits?

  • Ann

    My husband is getting spouses support from me. We waive red each other’s retirement. Can he get spouses support from my retirement when I retire

  • Kat

    Do you know if my mother in law that is divorced to my now deceased father in law but was remarried … To someone else and still is… Can get back child support from my father in law that never paid? Also was 61 when he died not 62?

  • Confused and lost

    I am on Supplemental Security Income and now my hubby has retired and he get his ssi and they took mine down to almost nothing.We are married (12 years) and if we get divorced can we still live together and can i get my full benefits back? I just do not understand this at all and need help.I know of a lot of people on ssi and they all live together and ssi do not touch them but if married you get the shaft.

  • Brian Zannone

    my wife and i are seperated, there is no chance of reconciliation. although we cohabitated as a couple for 25 yrs, we have been legally married just over 6 yrs. my wife is insisting on remaining legally wed for at least 10 so she can claim ss against my contributions. i agree she has should be entitled to that. however, i can not exist in limbo for another 3+ yrs with no possesions. would a legal seperation meet ss requirements of minimum 10 yrs?

  • Curious NC

    I have a question. My stepmom and dad were together for about 10 years before they got married and married 9 and a half when they divorced. My fathered just passed in February and I was wondering if his ex-wife can receive Social Security benefits although they weren’t married exactly 10 years.

  • Onofe Auguster

    being the most happiest day of my life after 1 year of sadness and
    sorrow without being with the one i love so much, i tried all my
    possible best to make sure i make my lover happy but it never seems to
    work out well it was like am doing everything in vain but all thanks to
    Dr onofe for coming to change all my worries and sadness to Joy. i knew
    the great man when i read some wonderful reviews about Dr Onofe how he
    has helped a lots of people on there relationship problem i was reading a
    magazine which then i saw great testimonies as well which then i
    decided not to waste time because i have missed my lover so much i
    decided to contact him and share all my problem with him which then he
    told me not to worry that he assures me that within 48 hours everything
    would be sorted out i believed Dr Onofe so much because i believe he
    can’t fail me but truly Dr Onofe never failed me cos a man that stand on
    his worlds is really a man,my husband who left me for a year plus
    replied my text and for the first time returned my calls and asked me to
    please forgive him i was so happy and so grateful to Dr Onofe for what
    he has done for me. if you are there passing through this same problem
    or of any kinds just contact this great man on or
    call him on +2348100078330.


  • June

    Married 20 years overlapping ex husband gets all military regiment and social security am I as his ex entitled to that

  • Debra L Heyden

    I don’t believe your Social Security will do up. Are you collecting on your own earned income or that of your soon to be ex?

  • Debra L Heyden

    I am 62 and on social security disability. My husband and I have been divorced since 2003. We were married just prior to our 25th. What I want to know is in the State of Wisconsin, it’s considered no fault divorce. He got 50% of my disability pension. Is this legal for him to get being it is disability?

  • Elaine Stone-Sparks

    I just received news of cancer today from a biopsy and now referred to a surgeon consult for breast cancer. n I am 59 and no will or life insurance should I get some and what kind. also my current husband in his divorce decree states daughter as beneficiary of a life insurance policy he had at time of divorce he no longer has this for past several years however, he has one through his work now and I am beneficiary do we need to go back to the divorce decree in mississippi we are now in florida and would need to change this if getting life insurance for us both what is your suggestions when divorced in 2011 all children were over age of 18 the daughter listed was 26 at time

  • busby

    Seems like no lawyers are answering. Sad. There are real issues of concern.

  • Joyce ann thomas

    I have been married for 35 years and I have worked some but I starting drawing my disability in 2000 and know this man comes in and want a divorce he makes3times what I make . I want to keep the house because its cheaper then rent, Will the courts allow me to do that and I also need medical hes retired military

  • Vicky Slayko

    I was married to my first husband 20 years and was not married to my second husband 10 Yeats can I still collect from my first husband I have been divorced from my second husband 6 years I am 61 and a half

  • kori

    my husband left his ex wife 22 yrs ago but she finally let him divorce him 2 yrs ago we have been together 21 yrs and have been finally legaly married 1 yr now and we want to know if something happens to him will I be left high and dry or will I be able to get his social security please help us this has really bothered us because we have been together 3 times longer then they were and he want me to have his social security if something happens so I will be taken care of!!!!!!!!!!

  • Mary Rose

    My divorce was final in 2006 and in 2008 or 2009 my ex husband remarried and sent me a form to sign stating he was still entitled to half my direct benefit and my benefit would be reduced by what he received. Is that true? He never filed anything wit the courts and it’s been almost 10 years since years since I signed the paper. The attorney that did my divorce has since retired so I can’t ask him.

  • Mary Rose

    I was told by social security if he remarried he wouldn’t be eligible for any of my sis benefits.

  • Nervous and confused

    Can my former remarried spouse receive half of my social security benefit reducing my income if he had me sign something he drew up?

  • Robert Cavali

    Looking for professional discrete cyber black hat services? Contact blackrazor@protonmailcom he has helped me with simple jobs like email hacking and also to track down someone who owes me money by tracking his cellphone. He really helped me and I think you should try him out