Can I get SS spousal benefits after WEP repeal if I'm short the 40 quarters?
I'm confused about my eligibility for Social Security benefits with all the changes to WEP (Windfall Elimination Provision). My wife worked for a school district for 35 years and started collecting her reduced SS benefits at 62 because of WEP. She had worked some private sector jobs before teaching but got hit with the reduction. I only worked 37 quarters in covered employment, so I'm short of the 40 needed for my own benefits, but I was able to get Medicare through my wife's record when I turned 65. Now with this WEP repeal I'm hearing about, does that change anything for me? Can I qualify for spousal benefits through her record even though I don't have enough quarters? Would the fact that her benefit was previously reduced under WEP affect what I might get? We're trying to plan our finances for next year and this would make a big difference. Thanks for any help!
15 comments
Join the conversation
Quinn Herbert
your in luck! my brother was in a similar situasion with his wife who was a teacher. he got spousal benifits even though he didnt have 40 credits. pretty sure the WEP doesnt matter for spousal as long as your spouse qualifies for social security
0 coins
Shelby Bauman
•That's encouraging to hear! Do you know if he had to apply separately or did it happen automatically?
0 coins
Salim Nasir
Wait I'm confused about something... is WEP actually repealed??? I haven't seen any official announcement about this and I've been following it closely for YEARS since I'm affected too. My husband is a former teacher with pension and the WEP reduction is killing us financially. Please share where you heard this news about repeal!!!
0 coins
Hazel Garcia
•WEP has NOT been fully repealed yet. There are bills in Congress but nothing has been finalized. Don't make financial decisions based on a potential future repeal. The GPO (Government Pension Offset) also remains in effect, which can affect spousal benefits.
0 coins
Hazel Garcia
To answer your specific question: Yes, you can qualify for spousal benefits even if you don't have 40 quarters, as long as your wife qualifies for Social Security retirement benefits. This is true regardless of any WEP adjustment to her benefit. Important points to understand: 1. You can receive up to 50% of your wife's full retirement age benefit (not her reduced benefit if she took early retirement) 2. WEP only affects a worker's own benefit, not what a spouse can receive 3. You need to apply specifically for spousal benefits - it's not automatic 4. If you have a government pension from non-covered work, the Government Pension Offset (GPO) could reduce or eliminate your spousal benefit Contact SSA directly to apply and find out your exact benefit amount.
0 coins
Shelby Bauman
•Thank you for the detailed explanation! This helps a lot. I don't have any non-covered pension so hopefully GPO won't be an issue for me. I'll definitely contact SSA about applying for spousal benefits.
0 coins
Laila Fury
NOBODY at SSA answers their phones these days!!! I spent 3 HOURS on hold last week trying to ask about my benefits calculation and then they hung up on me. The offices near me are all appointment only and they're booked months out. It's completely ridiculous how they treat seniors!!!
0 coins
Geoff Richards
•I had the same frustrating experience trying to reach SSA about my disability review. After multiple disconnected calls and hours of hold music, I found a service called Claimyr that got me through to a real agent in under 10 minutes. They connect you directly to SSA without the wait. I was super skeptical but watched their demo video (https://youtu.be/Z-BRbJw3puU) and decided to try it. Totally worth it for the time saved and stress avoided. Their website is claimyr.com if you want to check it out.
0 coins
Simon White
Congrats on sorting this out. When my wife turned 62 last year we went through all this SS stuff too. So confusing! 🤦♂️
0 coins
Hugo Kass
•Social Security rules can definitely be confusing! Just to clarify for everyone: Spousal benefits are available to anyone whose spouse is receiving Social Security retirement or disability benefits, even if they don't have the required 40 quarters themselves. However, there are important timing considerations: - You must be at least 62 to receive spousal benefits (unless caring for a child under 16) - Taking spousal benefits before your Full Retirement Age means a permanent reduction - Maximizing your benefit often means waiting until your FRA to apply The WEP affects your spouse's own benefit calculation but doesn't impact the baseline amount used to calculate your spousal benefit.
0 coins
Quinn Herbert
also one more thing, my sister-in-law told me she had to bring her marriage certificate when she went to apply for spousal benifits. they are really strict about proving the relationship so dont forget that!!!
0 coins
Shelby Bauman
•Thanks for the tip! We've been married 43 years but I'll definitely dig out our marriage certificate. Better to have everything ready than have to make multiple trips.
0 coins
Salim Nasir
I'm still not clear on this WEP repeal thing. Is it happening in 2025? My financial advisor mentioned something about changes but wasn't specific. The SSA website is IMPOSSIBLE to navigate for clear information about these policy changes. Has anyone found a good resource that explains it all?
0 coins
Hazel Garcia
•There are several WEP reform bills that have been introduced in Congress, but none have been passed into law yet. The Social Security Fairness Act and the Public Servants Protection and Fairness Act are the main proposals. Some include full repeal while others offer partial relief. Until legislation actually passes, WEP remains in effect. AARP and National Education Association websites have good summaries of the current proposals.
0 coins
Shelby Bauman
UPDATE: I called SSA this morning (thanks for the Claimyr tip - it worked perfectly!) and got confirmation that I do qualify for spousal benefits even without having 40 quarters myself. The agent said my benefit would be about $1,375 per month if I apply now at 67, which is just over 40% of what my wife would get at her full retirement age. Apparently the reduction is because she took benefits early at 62. Still, this is a huge help for our budget! The agent also confirmed that any future changes to WEP would potentially increase my wife's benefit, which could then increase my spousal benefit too. Thanks everyone for your help!
0 coins