Can I get any Social Security benefits from ex-husband while receiving teacher's pension with WEP/GPO?

Yes, you may be eligible for ex-spousal benefits, but they will be reduced by the Government Pension Offset (GPO). Since you receive a pension from work not covered by Social Security, the GPO will reduce any Social Security spousal or survivor benefits by 2/3 of your teacher's pension amount. For example, if your teacher's pension is $3,000/month, your Social Security ex-spousal benefits would be reduced by $2,000. If your ex-husband's record would entitle you to $1,200 in spousal benefits, you'd actually receive $0 because the reduction exceeds the benefit amount.

The same thing happened to my mom!! She taught for 35 years in Illinois and got NOTHING from my dad's Social Security even though they were married 30 years!!! The GPO is so unfair to teachers, nurses, firefighters and other public servants. There should be a law against this!!!! They call it the "double-dipping" rule but that's ridiculous - we EARNED both benefits!!!

To give you a more complete picture: The maximum ex-spousal benefit would typically be 50% of your ex-husband's Primary Insurance Amount (PIA) at his full retirement age. However, the GPO will almost certainly eliminate your benefit entirely. With a $4,100 monthly pension, your offset is $2,733, which exceeds most potential spousal benefits. A few important points: 1. You must be unmarried currently to claim ex-spousal benefits 2. Your ex must be at least 62 (even if not claiming yet) 3. Your divorce must be finalized for at least 2 years 4. You must be at least 62 yourself to claim It might still be worth applying formally with SSA to get an official determination. Some pension payments have portions that aren't subject to GPO.

Yes, survivor benefits would be higher - potentially up to 100% of what your ex-husband was receiving (rather than the 50% for spousal benefits). However, the same GPO reduction would apply - 2/3 of your pension would still be subtracted from the survivor benefit amount. Since survivor benefits are roughly double spousal benefits, there's a possibility you might receive a small survivor benefit depending on your ex-husband's earnings history if he passes away. It would be worth applying at that time.

Just wanted to add that contacting SSA directly might be worth it. My mom was in a similar situation (teacher in California) and was initially told she'd get nothing, but then we found out a small portion of her pension wasn't subject to GPO, so she does get a tiny SS benefit. Every pension plan is structured differently. You need to talk to someone who really knows the rules inside and out.

I spent 15 years dealing with this exact issue for my wife! Here's what worked for me: use Claimyr (claimyr.com) to get through to SSA without the wait. They'll connect you to a real person at Social Security in about 15 minutes instead of waiting for hours or getting disconnected. They have a video showing how it works here: https://youtu.be/Z-BRbJw3puU My wife's situation was almost identical - teacher's pension and ex-spouse's benefits. The GPO wiped out most of it, but we discovered that a portion of her pension contributions were actually taxed, which affected the calculation. Every dollar matters in retirement!

Yes, she needed to get a letter from her pension administrator that broke down what portions of her pension were contributed with after-tax dollars. The SSA representative explained that those portions aren't subject to the full GPO reduction. It took some persistence and exactly the right documentation, but it was worth it. She only gets about $217/month, but that's still over $2,500 per year that she almost missed out on!

I know I'm late to this thread but wanted to chime in real quick. I'm a retired teacher from Illinois and I'm married to my husband who gets Social Security. I get ZERO from his record because of GPO, even though we've been married 42 years! It's just how the law works. The GPO and WEP (Windfall Elimination Provision) were created in the 1980s because Congress thought it was "unfair" for public employees to get both pensions AND Social Security. Supposedly they review these laws periodically but nothing ever changes.

Just a clarification on something important: If you didn't pay into Social Security, you didn't actually "earn" Social Security benefits on your own record. The GPO exists because the original Social Security spousal benefit was designed to help financially dependent spouses who didn't work outside the home. Since you have your own substantial pension, you don't fit the profile of who spousal benefits were intended to help. That said, it's still worth checking with SSA. Texas is one of the states with the highest number of affected teachers, so the representatives there are usually very knowledgeable about these specific situations.

As a newcomer to this community, I found this discussion incredibly helpful! I'm in a similar situation - taught for 28 years in Colorado and just started looking into my options regarding my ex-husband's Social Security. Reading through everyone's experiences has given me a much clearer picture of what to expect with the GPO. It sounds like I should definitely get that official determination from SSA even if the odds aren't great. Thank you all for sharing your knowledge and experiences - it's so valuable to hear from people who've actually been through this process!

As someone who's been navigating the GPO maze for the past few years, I want to emphasize something that hasn't been mentioned yet - timing matters! If you're planning to apply for ex-spousal benefits, consider doing it sooner rather than later. Even if the GPO eliminates your benefit now, your ex-husband's earnings record continues to grow if he's still working, and the calculation could potentially change in your favor over time. Also, having an official determination on file with SSA can be helpful if any legislative changes to GPO ever do happen - you'd already be in the system. The process itself is educational too - you'll get a detailed breakdown of exactly how the offset is calculated with your specific numbers, which can help with your overall retirement planning.