Can I claim Social Security ex-spouse benefits with 30 credits while working for government without SS taxes?
I've been working for a state government agency for almost 18 years where they don't withhold Social Security taxes. Before that, I only accumulated about 30 Social Security credits from my private sector jobs. I just turned 65 last month and I'm trying to figure out my retirement options. I was married for 26 years before divorcing 5 years ago, and I haven't remarried. I recently found out my ex-husband started collecting his full Social Security retirement benefits when he reached his full retirement age last year. Does anyone know if I qualify for ex-spouse benefits based on his record even though I haven't earned the 40 credits myself? And if I do qualify, what percentage would I receive if I applied right now at age 65? I know there's something called the Government Pension Offset (GPO) but I'm not sure how that works with ex-spouse benefits. Really appreciate any insights!
19 comments
Aidan Percy
Yes, you can qualify for divorced spouse benefits based on your ex-husband's record! Since you were married for more than 10 years (26 years in your case) and haven't remarried, you meet those requirements. You don't need 40 credits yourself to claim on an ex-spouse's record. However, there are two major considerations in your situation: 1. At age 65, you'd receive approximately 86.7% of what you'd get at your full retirement age (which is likely 66 and 4 months if you were born in 1960). 2. The Government Pension Offset (GPO) will likely reduce your benefits significantly. The GPO reduces spouse/survivor benefits by two-thirds of your government pension amount. For example, if your monthly government pension is $1,200, your Social Security ex-spouse benefit would be reduced by $800.
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Axel Bourke
•Thank you for the information! So even with the GPO reduction, I might still get something? My pension will be about $2,800/month. Would I get anything at all after the GPO reduction? And should I wait until my full retirement age to apply, or does it not matter with the GPO?
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Fernanda Marquez
yep ur gonna get hit hard by GPO. take whatever ur getting from the govt pension, multiply by 2/3, and thats whats gonna get subtracted from ur ex spousal benefit. most people with decent govt pensions end up with $0 from SS spouse benefits bc of this. sorry to be the bearer of bad news but thats how it works.... SS really SCREWS govt workers!!!!
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Norman Fraser
•This happened to my mom too! She worked for the school district for 30 years and thought she'd get my dad's SS when he passed. Got hit with GPO and WEP and ended up with almost nothing. The system is totally rigged against public servants.
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Kendrick Webb
To calculate the actual amount, you need to figure out the base benefit first, then apply the GPO. The ex-spousal benefit is normally 50% of your ex's Primary Insurance Amount (PIA) at your full retirement age. Since you're applying at 65, there's a reduction. For example: - If your ex's benefit is $2000/month - Your base spousal benefit would be $1000/month at FRA - At age 65, it would be reduced to about $867/month - Then GPO: If your govt pension is $2800, 2/3 of that is $1867 - $867 - $1867 = $0 (benefits can't go negative) In your case, with a $2800 pension, the GPO reduction ($1867) would likely eliminate your entire benefit. However, it's still worth applying because your ex might have a very high benefit that could leave you with something after the GPO reduction. The SSA can calculate the exact amounts for your specific situation.
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Axel Bourke
•That's disappointing but I appreciate the detailed explanation. My ex did have a pretty high-paying career so maybe there's a slim chance I'd get something. Is there any way to estimate what his benefit might be based on his career? He was an engineering manager making around $135k when we divorced.
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Hattie Carson
You should definitely still apply!!! My sister was in almost IDENTICAL situation (govt job, ex-spouse benefits) and she still gets $189 a month after all the reductions. Not a fortune but it's something! Every case is different and you never know till you apply.
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Axel Bourke
•That's encouraging to hear! Even a small amount would help with my monthly expenses. Did your sister have to provide a lot of documentation when she applied?
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Destiny Bryant
I went through this whole process last year. The frustrating part was actually getting through to someone at SSA who understood both divorced spouse benefits AND the GPO rules. I spent weeks trying to get accurate information. I finally used a service called Claimyr (claimyr.com) that got me connected to an SSA agent in about 20 minutes instead of waiting on hold for hours. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU Once I actually spoke with a knowledgeable agent, they were able to calculate everything correctly and tell me exactly what I'd receive after the GPO reduction. Turns out my government pension didn't completely eliminate my ex-spouse benefit!
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Fernanda Marquez
•does this claimyr thing really work? I've been trying to get thru to SS for WEEKS about my disability review and keep getting disconnected!!!
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Destiny Bryant
•Yes, it worked great for me! I was skeptical too but I was desperate after being on hold for 3+ hours and then getting disconnected twice. The service connected me to an actual SSA agent quickly. Much better than waiting on hold all day.
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Dyllan Nantx
I think everyone is missing something important here - the fact that you have 30 credits matters! Your own benefit might be tiny, but if you have 30 credits you're closer to the 40 needed for your own benefit. Have you thought about working somewhere that pays into Social Security for a couple more years to get those last 10 credits? You could earn 4 credits per year, so just 2.5 years of work would qualify you for your own benefit. Might be worth it depending on your work history.
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Axel Bourke
•That's a really interesting point I hadn't considered. I could potentially pick up a part-time job that pays into Social Security while still keeping my government job. Would that help me avoid the GPO problem, or would I still face that reduction even with my own benefit?
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Kendrick Webb
•Getting your own 40 credits won't help you avoid GPO on spousal benefits. GPO still applies to your spousal benefit. However, if you get your own benefit, it would be subject to the Windfall Elimination Provision (WEP) instead, which has a different calculation and might be more favorable depending on your earnings history. It's definitely worth exploring both options.
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Norman Fraser
My aunt had almost the exact same situation!!! She worked for the county for 22 years and was married 15 years before divorcing. She thought she'd get half her ex's benefit but ended up with almost nothing because of GPO. It's so unfair that government workers get penalized like this!
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Fernanda Marquez
•the whole system is RIGGED against public servants who already make less than private sector! my brother worked for USPS for 31 years and got hit with WEP even though he had plenty of SS credits too. complete SCAM if you ask me.
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Aidan Percy
One additional point - even if your ex-spouse benefit is completely offset by GPO now, you should still file and establish eligibility. If your situation changes in the future (like if your pension amount changes), you might become eligible for some amount. Also, survivor benefits (if your ex passes away) are calculated differently - they're 100% of what your ex received rather than 50%, so you might qualify for survivor benefits in the future even if you don't qualify for spousal benefits now. Just be sure to bring as much documentation as possible when you apply: marriage certificate, divorce decree, information about your government pension, your birth certificate, and Social Security numbers for both you and your ex-spouse (if you have it).
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Axel Bourke
•That's really helpful advice about filing anyway. I didn't realize the survivor benefits would be calculated differently - that's important to know for future planning. I have most of that documentation already except maybe his current SS number. Can they look that up based on his name and DOB if we've been divorced for several years?
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Aidan Percy
•Yes, SSA should be able to locate your ex-spouse's record with his name, date of birth, and other identifying information like his parents' names if you know them. Having his SSN makes the process faster, but it's not absolutely required in divorced spouse cases. The important thing is your marriage certificate and divorce decree that proves the marriage lasted over 10 years.
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