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Can my ex-husband (CSRS) now collect Social Security spousal benefits under me with the new WEP/GPO law changes?

I just started collecting Social Security retirement benefits this year at 62. I'm also a retired FERS federal employee. My ex-husband and I were married for over 20 years before divorcing. He's 74 now and under the old Civil Service Retirement System (CSRS). He has his 40 quarters and gets a small Social Security check (I think it's around $320/month). With this new law that's changing the WEP/GPO rules, would he now be eligible to receive ex-spousal benefits based on my work record? Would it increase what he gets monthly? I'm confused about how this new legislation applies to our situation since we're both former feds but under different retirement systems. Thanks for any help!

Eloise Kendrick

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The new WEP/GPO reform legislation would primarily affect HIM as the CSRS retiree, not you as the FERS employee. Under the old rules, his Social Security benefits were likely reduced by the Windfall Elimination Provision (WEP) because of his CSRS pension. The Government Pension Offset (GPO) would have reduced any spousal/survivor benefits he could claim on YOUR record by 2/3 of his CSRS pension. With the reforms, he might see some increase in his own $320 benefit if WEP was applied. As for claiming on your record - since you were married over 10 years, he is technically eligible for ex-spouse benefits, but whether it makes financial sense depends on your earnings history compared to his. For him to get anything additional, your work record would need to generate a benefit amount more than twice what he currently receives.

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JaylinCharles

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Thanks for explaining! So it's the GPO that would have affected what he could get from my record. Do you know if he needs to contact Social Security to see if he could get an increase from either the WEP reform or potentially from my record? Or will SSA automatically recalculate?

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Lucas Schmidt

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my husband had the SAME EXACT SITUATION!! he was csrs for 30 years and i was fers for 22 years. the gpo killed his benefit from my record before. now with the new rules we are going to social security next month to get his benefit recalculated. they told us on the phone we have to go in person and bring marriage certificate etc. but yes he might be entitled to more!!!

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Freya Collins

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Were you told how much more he might get? Just curious as my brother is in a similar spot but his appointment isn't until January.

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Lucas Schmidt

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no they wouldnt say on the phone how much more! just said to come in and they would run the calculations there. i'll update when we know more!!

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LongPeri

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This is a great question about the WEP/GPO reform and ex-spouse benefits. You're right that the rules are changing, but there are important details to understand: 1. Your ex-husband should definitely contact SSA to have his benefits reviewed. The legislation phases in changes over time, so the impact this year might be different than future years. 2. For him to get ex-spousal benefits based on your record, your primary insurance amount (PIA) would need to be high enough that 50% of it would exceed his own benefit after any WEP reduction. 3. If he's already filed for his own benefits and he's 74, any application for benefits on your record would be restricted to just the excess amount (if any) over his own benefit. 4. The GPO reduction would have been 2/3 of his CSRS pension amount, which often eliminates spousal benefits entirely for CSRS retirees. With the reform, he should see the GPO reduction decrease over time, potentially making him eligible for some ex-spousal benefits if your earnings record is strong.

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Oscar O'Neil

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Is there any simple way to calculate this? My sister's ex is also CSRS and she's wondering if he'll get more now.

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LongPeri

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Unfortunately, there's no simple calculation because it depends on several factors: the exact amount of the CSRS pension, the calculations for their own Social Security benefit, and the phase-in schedule of the new legislation. The best approach is to have him contact SSA directly for a personalized calculation based on both his situation and her earnings record.

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Sara Hellquiem

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I tried calling Social Security about a similar question last week and it was IMPOSSIBLE to get through to anyone! Kept getting disconnected after waiting on hold for over an hour. Has anyone found a better way to actually talk to a human at SSA? This is driving me crazy!

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Charlee Coleman

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I had the same problem when trying to get information about the WEP changes! After 3 failed attempts calling SSA directly, I tried using Claimyr.com and got connected to a real person at SSA in about 20 minutes. They have a system that navigates the hold times and calls you back when an agent is available. Saved me hours of frustration. They have a video on how it works at https://youtu.be/Z-BRbJw3puU that shows the process. With all these WEP/GPO changes happening, the wait times are even worse than usual.

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Freya Collins

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Doesn't the WEP/GPO reform have a long phase-in period? I thought I read somewhere that the changes won't be fully implemented until like 2045 or something crazy like that. Might not be worth getting too excited about right away.

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LongPeri

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You're correct that there's a long phase-in period. The legislation provides for gradual implementation over approximately 20 years, with small incremental changes each year. The impact in 2025-2026 will be modest, but still potentially significant for those with very small Social Security benefits who have been heavily impacted by WEP/GPO. For the original poster's ex-husband, even a small increase could be meaningful given his current $320 monthly benefit.

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Lucas Schmidt

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wait i'm confused are u asking if YOU can claim on HIS record or if HE can claim on YOUR record?? cause those are totally different things!!

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JaylinCharles

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I'm asking if he (my ex-husband) can claim on my record. He's the CSRS employee who currently gets a small SS check, and I'm wondering if the new law changes would allow him to get more by claiming against my earnings record since we were married over 20 years.

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Lucas Schmidt

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ok got it! yes he might be able to get more now! the GPO is changing so he should definitely check!!

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Oscar O'Neil

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my neighbor went thru something like this last month. she said that her ex (also csrs) had to fill out form SSA-795 (statement of claimant) explaining his pension situation along with the regular application. might be good to tell your ex about that form in case ss office doesnt mention it.

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JaylinCharles

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Thank you! This is helpful. I'll let him know about that form when I talk to him next week.

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