Can my ex claim Social Security spousal benefits with CSRS pension and insufficient quarters?

Yes, your ex-husband could potentially file for divorced spousal benefits based on your record once you turn 62, but there's a major complication: the Government Pension Offset (GPO). For people who receive pensions from jobs not covered by Social Security (like CSRS), their Social Security spousal or survivor benefits are reduced by 2/3 of their government pension amount. With CSRS pensions typically being substantial, this often eliminates any spousal benefit completely. For example, if his CSRS pension is $3,000/month, the GPO would reduce any potential Social Security spousal benefit by $2,000. Since the maximum spousal benefit would be 50% of your full retirement age benefit (and reduced further if claimed before his full retirement age), it's unlikely he'd receive anything after the GPO reduction. However, you should look into whether your adult son might qualify for Social Security Disability (SSDI) as a Disabled Adult Child (DAC) on your record once you file.

My cousin went through something similar with his ex and CSRS!! The GPO basically eliminated EVERYTHING she might have gotten. It's SO unfair how they treat government employees with that stupid offset. Has your son applied for SSI already? That might help with some expenses even though the amount is pretty low. Also, check if your state has any supplemental programs for disabled adults.

For your son to qualify as a Disabled Adult Child (DAC) on your record, he would need to meet several specific criteria: 1. His disability must have begun before age 22 2. He must meet Social Security's definition of disability 3. He must be unmarried 4. He generally can't have substantial employment If he meets these requirements, he could potentially receive up to 50% of your Primary Insurance Amount (PIA) while you're living, or 75% as a survivor benefit after your passing. This benefit would begin when you start collecting retirement benefits. The advantage of DAC benefits over SSI is there are no asset limits, and the payment is typically higher. Regarding your ex-spouse, while he is technically eligible for divorced spouse benefits (marriage over 10 years, currently unmarried), the GPO will almost certainly eliminate any payment. With a $4,200 CSRS pension, the offset would be $2,800 (2/3 of $4,200), which would exceed any potential spousal benefit he might receive.

Have you or your ex tried calling the SSA directly to ask about this? Because sometimes the rules have exceptions or weird loopholes. I spent WEEKS trying to get answers about my own situation last year but couldn't get through on the phone. So frustrating!!!!

wait im confused about something. i thought the 40 quarters thing only applied to retirement benefits. doesnt ur ex-husband only need 10 years of marriage to claim on your record? thats what my sister did with her ex.

I just remembered something!! Check if your state has a Medicaid waiver program for disabled adults! My nephew gets services through something called the Home and Community Based Services waiver and it covers a TON of his medical expenses that regular insurance doesn't. The waiting lists can be long in some states but its worth getting on them ASAP!!

sounds like ur worried mostly about ur sons expenses? u might want to also think about setting up a special needs trust for him. doesnt help now but for future planning its important. thats what my sister did for my nephew

One other aspect to consider regarding your son's situation: If he qualifies for DAC benefits on your record, he would also become eligible for Medicare after receiving SSDI for 24 months, regardless of his age. This could significantly help with his medical expenses. Also, while your ex-spouse likely won't receive benefits due to GPO, it's still worth having him check with SSA directly about his specific situation. The calculations can be complex, especially with the interplay between CSRS, divorced spouse benefits, and how GPO is precisely applied. Occasionally, if someone has some quarters of Social Security coverage (even if less than 40), the calculation might result in a small benefit remaining after GPO.

As someone who went through a similar situation with my disabled daughter, I can't stress enough how important it is to pursue the DAC benefits that others have mentioned! The Medicare eligibility after 24 months of SSDI is absolutely life-changing for covering medical expenses. One thing I learned the hard way - start the DAC application process as soon as possible after you file for retirement benefits. The paperwork can take months to process, and you'll want to gather all medical documentation showing your son's disability onset before age 22. Also, regarding the special needs trust question - we worked with an elder law attorney who specializes in disability planning. They're usually more knowledgeable about the specific rules that protect benefits eligibility. The National Academy of Elder Law Attorneys has a good directory on their website. For your ex-spouse, even though the GPO will likely eliminate benefits, it might still be worth having him apply just to get an official determination. Sometimes there are small amounts that survive the offset, and you never know until you get the actual calculation from SSA.

I'm sorry, but I think there might be some confusion in the conversation. Looking back at the original post, Sydney Torres (the original poster) mentioned that her son is 32 years old and has severe medical conditions that started when he was 17. Oliver Alexander seems to be asking about gathering documentation, but he's not the original poster - Sydney is the one who would need to apply for DAC benefits for her son. To clarify for Sydney: You'll want to gather medical records from when your son was 17 showing the onset of his disabilities, along with any psychological evaluations, treatment records, and statements from doctors about his functional limitations. The key is proving continuous disability from before age 22. You should also collect any educational records (like IEP documents) that show his limitations during school years. Start with your son's primary care physician and any specialists who treated him during his teenage years - they can provide crucial documentation for the DAC application.