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Can my LEO husband switch to spousal benefits on my SS record when his own benefit is so small?

I'm hoping someone can help me understand spousal benefits. My husband (64) and I (68) got married about 3 years ago. He worked in corrections for most of his career, so he only paid into Social Security from part-time jobs and now receives just $525 monthly from SS. His main retirement comes from his prison system pension. I waited until my full retirement age and now get $3,100 per month from Social Security based on my earnings. Since we've been married for 3+ years now, is my husband eligible to receive spousal benefits based on MY record? I've been reading posts here about "deemed filing" and "spousal benefits" but I'm confused about whether the rules changed in 2015 or if he can still apply for the higher amount. His current SS benefit seems so small compared to what he might get as my spouse (which I think would be half of mine?). This could make a huge difference for us with inflation hitting our fixed income hard. Would really appreciate any insights about how this works!

Yes, your husband may be eligible for spousal benefits, but there are some key things to understand: 1. Since your husband is already receiving his own retirement benefit, he would receive a spousal benefit equal to the DIFFERENCE between his current benefit and 50% of yours (if that amount is higher). 2. So if 50% of your benefit is $1,550, and he currently gets $525, he could receive an additional $1,025 monthly (bringing his total to $1,550). 3. Because you married after he started collecting, he needs to contact SSA directly to apply for the spousal benefit - it won't happen automatically. 4. His pension from the corrections system might affect this through something called the Government Pension Offset (GPO), which can reduce spousal benefits if he receives a pension from work not covered by Social Security. He should contact SSA immediately to find out exactly what he qualifies for given your specific situation.

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Reina Salazar

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Thank you so much for explaining this! I didn't realize he would get the DIFFERENCE between his benefit and half of mine, rather than switching completely. That's still a significant increase though. Do you know if the Government Pension Offset would definitely apply in his case? His corrections job was state-level, not federal. I'm wondering if we need to talk to a financial advisor who specializes in this before contacting SSA.

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Demi Lagos

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The last commenter is right BUT also wrong!!! My brother-in-law was in almost IDENTICAL situation (police pension + small SS) and when he tried getting spousal benefits they slashed it to almost NOTHING because of GPO!!!! Government Pension Offset is BRUTAL with law enforcement pensions - they take 2/3 of his police pension amount and subtract it from any spousal benefit he would get. You need to be VERY careful and do the math before getting your hopes up. If his corrections pension is decent sized, he might get zero additional $$$ from being on your record.

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Mason Lopez

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This is important information, but let me clarify a few things about the GPO for the original poster: 1. The GPO only applies if your husband's corrections job did NOT have Social Security taxes withheld from his paycheck. If he was paying into both his pension system AND Social Security at that job, then GPO doesn't apply. 2. If GPO does apply, the reduction formula is: 2/3 of his monthly pension amount will be deducted from his potential spousal benefit. 3. Example: If his pension is $3,000/month, then $2,000 (2/3 of it) would be subtracted from his potential spousal benefit. Since 50% of your benefit is about $1,550, this would completely eliminate his spousal benefit. You can call SSA at 1-800-772-1213 to verify if GPO applies in your case, but be prepared for long wait times.

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Vera Visnjic

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I went through this last year with my husband! It was so confusing and the SSA website doesn't explain it clearly. We ended up getting a nice increase but not as much as I thought. Good luck!

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Jake Sinclair

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I've been trying to call SSA for THREE WEEKS about a similar situation with my wife's benefits and either get disconnected or stuck on hold for hours. The system is completely broken. Has anyone found a way to actually get through to a human being there?

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Brielle Johnson

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I've helped several friends deal with this exact situation! The GPO (Government Pension Offset) is the big question here. Here's what determines if it applies: - If your husband was paying Social Security taxes on his corrections earnings, NO GPO. - If he wasn't paying SS taxes on those earnings, then GPO applies. Many state and local government jobs don't participate in Social Security. He should check his old pay stubs - if they show Social Security tax withholding, you're in the clear! If he's subject to GPO, honestly, he might get very little additional benefit. But if not, this could be a significant boost to your household income. When I needed to sort out my own complicated benefit situation last year, I was getting nowhere with the regular SSA phone line. I found this service called Claimyr (claimyr.com) that got me connected to an SSA representative in under 20 minutes instead of waiting for hours. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU - it saved me so much frustration! Definitely worth checking out if you're having trouble getting through.

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Honorah King

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does that claimyr thing actually work? seems sketchy to pay just to talk to social security

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Brielle Johnson

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Yes, it does work - I was skeptical too but was desperate after waiting on hold for 3+ hours multiple days. It's not a government service, it's just a connection service that basically navigates the phone system for you. The SSA doesn't have any official expedited phone service, but this worked for me when I needed to sort out my WEP reduction issue.

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Reina Salazar

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Thank you all for the helpful information! I just checked with my husband about his corrections job, and he said they had their own retirement system and did NOT pay into Social Security from that job (only his side gigs paid into SS). Sounds like GPO will definitely be a factor. I'm going to gather his pension details and try to calculate if there would be any spousal benefit left after the 2/3 reduction. His corrections pension is about $2,800 monthly, so that means a $1,867 reduction from any spousal benefit, which would completely wipe out the potential $1,550 he might get as my spouse. This is disappointing but at least now we understand why his benefit is so low and won't get our hopes up. I might try that Claimyr service just to confirm with SSA, but it sounds like we're probably not going to see any increase. Thanks again everyone for sharing your knowledge!

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Jake Sinclair

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my sister went thru this last yr. don't forget hes still eligible for the lump sum death benefit when u pass away even with GPO. not much but its something.

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Demi Lagos

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True about death benefit but it's only $255 - barely covers flowers at the funeral these days! The whole system needs fixing. Law enforcement and teachers get completely screwed by WEP and GPO even after working their whole lives. My neighbor taught for 30 years AND worked summers paying into SS and still lost thousands in benefits!

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One final point that might help others in similar situations: If your husband had enough Social Security-covered employment (40 quarters/10 years), he would be exempt from the WEP (Windfall Elimination Provision) that could otherwise reduce his own benefit. But GPO still applies to spousal benefits regardless of quarters of coverage. The distinction between WEP (affects your own benefit) and GPO (affects spousal/survivor benefits) confuses many people. And unfortunately, there's been legislation proposed to reform these provisions for years but nothing has passed yet.

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Mason Lopez

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That's a great point about the WEP vs. GPO distinction. And to clarify further for the original poster: even though your husband might not qualify for additional spousal benefits now, he may still be eligible for survivor benefits if you pass away before him. Survivor benefits can be up to 100% of your benefit (rather than the 50% for spousal), so even after the GPO reduction, he might receive some survivor benefits. This is something to consider for long-term financial planning.

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