Can I get higher ex-spousal Social Security benefits if ex-husband collects both military pension and SS?

You should definitely have SSA review your case! I was in a somewhat similar situation with my ex who had a government pension. The Government Pension Offset (GPO) affects benefits for spouses/ex-spouses who receive pensions from non-covered work, but that applies to YOUR pension, not HIS. The WEP reduces HIS benefit based on HIS non-covered pension, but doesn't directly affect what YOU can get as an ex-spouse. I called SSA multiple times and kept getting disconnected until I used Claimyr (claimyr.com) - they got me connected to a rep in under 10 minutes. You can see how it works here: https://youtu.be/Z-BRbJw3puU. The rep explained everything and helped me file for additional benefits. It's definitely NOT too late - they can pay retroactive benefits up to 6 months!

Never heard of this Claimyr thing... does it really work? I've been trying to reach SSA for weeks about my widows benefits. Keep getting put on hold for hours then disconnected.

It absolutely worked for me! I was skeptical too but I was desperate after trying for 3 days to get through. The service connected me to an actual SSA agent who sorted out my ex-spousal benefit situation. Saved me hours of frustration.

Actually this is a bit complicated. Your ex-husband's WEP reduction only affects HIS own benefit. What might affect YOU is the GPO (Government Pension Offset), but that would only apply if YOU have a pension from non-covered work. The fact that your ex-husband has a military pension and PERF pension doesn't affect your ex-spousal benefits directly. Since you were married for 16 years (over the 10-year minimum), you're eligible for up to 50% of his FRA benefit amount (not what he's actually receiving now with delayed retirement credits).Since you're both past FRA (Full Retirement Age), you should contact SSA immediately to see if his record would give you a higher benefit. They will calculate the higher of either your own benefit or the ex-spousal benefit. And yes, even at 70, they can adjust your payments going forward, plus potentially give you some retroactive benefits.

Thank you for explaining! I've been so confused about this. So his military/PERF pensions don't directly reduce what I might get as an ex-spouse? That changes everything. If I'm understanding right, I might be eligible for up to 50% of his FRA benefit, not including his delayed credits to 70? I'll definitely contact SSA. Do you know if they can pay retroactive benefits back to when I reached FRA (66) or just for a limited time?

my mom went thru this last year. they can only go back 6 months for retroactive payments, doesnt matter when u were eligible. but def worth checking!! SSA is TERRIBLE about telling people what there eligible for, u have to ask specifically.

Thanks for sharing your mom's experience. That's disappointing about the 6-month limit, but still worth looking into. I wish SSA would've explained all this to me years ago!

Not to hijack the thread but I'm FURIOUS with the whole SS system!!! My husband had a state pension too and when I applied for widows benefits they reduced them by TWO-THIRDS because of GPO!! The GPO/WEP rules are HIGHWAY ROBBERY and Congress refuses to fix this injustice. I paid into SSA my WHOLE LIFE and now get penalized just because my husband worked for the state??? COMPLETELY UNFAIR!

This happened to my aunt too! Its criminal what they do to widows and govt workers!!

I understand the frustration, but it's important to clarify that the GPO only applies if YOU receive a government pension from non-covered work. It doesn't apply just because your spouse had a government pension. If your benefits were reduced by GPO, it would be because you yourself have a pension from work where you didn't pay into Social Security. The rules are complicated, but it might be worth getting a second review of your case.

One thing no one mentioned - since you're both 70, you've both maxed out your delayed retirement credits. The ex-spousal benefit maxes out at your full retirement age (likely 66 for your birth year), so you wouldn't get any extra for waiting until 70 for the ex-spousal benefit. But definitely check if 50% of his FRA amount is higher than your current benefit amount. Also, make sure you bring your marriage certificate and divorce decree when you go to SSA - they'll need to verify the marriage lasted at least 10 years. Good luck!

100% this. I worked at SSA for 22 years. The ex-spousal benefit doesn't increase after FRA. And yes, you absolutely need those documents. Also, even though you're both 70, if his record gives you a higher benefit, they'll switch you to that higher amount going forward. They can only pay backpay for 6 months though.

Quick question since you worked at SSA - does it matter if she remarried? I thought ex-spouse benefits stop if you remarry?

I went through something like this!!! My ex was military too. I had to actually make an in-person appointment at my local office and bring ALL my paperwork. They were able to increase my benefit by almost $400/month by switching me to the ex-spousal benefit! I was shocked. Definitely worth checking into. I had no idea I was eligible for more.

$400 a month difference?! That's significant! Did they give you any retroactive payments or just start the higher amount from when you applied?

To answer a question someone asked - remarriage DOES affect ex-spousal benefits. If you remarried and that marriage is still in effect, you cannot collect on your former spouse's record. If your subsequent marriage ended (by death, divorce, or annulment), you can potentially collect on your former spouse's record again.

No, I never remarried after my divorce, so that's not an issue in my case.

I just want to add - the fact that your ex is collecting a smaller WEP reduction than expected ($50-60) might be because he had substantial earnings covered under Social Security for 30+ years, which reduces or eliminates the WEP penalty. This is known as the

That's really helpful information! He did work in the private sector for about 10 years before joining the Air Force, and then another 5-6 years after retiring from his government job. So that might explain the smaller WEP reduction. I'm feeling more hopeful about this now.

my cousin waited til she was 68 to apply for benefits on her ex husbands record and got a HUGE backpay check going all the way back to when she was 66!! u should ask about that!!

Unfortunately, the retroactive payment period for retirement and spousal benefits is limited to 6 months maximum. Your cousin's situation might have been different, or perhaps involved disability benefits which have different rules for retroactivity. Just want to set realistic expectations - OP can likely only get up to 6 months of retroactive payments if eligible for a higher benefit.

oh maybe it was disability then, i just remember she got a big check! my bad