Social Security WEP/GPO confusion: Does ex-spouse's pension count against MY benefits?
I'm so confused about this WEP/GPO situation! I'm 61 and planning to file for my own Social Security retirement benefits next year. On the application, it asks "are you collecting a pension based on your own employment?" I receive $876/month from my ex-husband's County pension as part of our divorce settlement from 10 years ago. He worked for the County for 25 years, but I never did - I worked in retail my whole life and paid into Social Security. Does this pension payment count against me for WEP or GPO purposes since it was HIS employment, not mine? I don't want to answer incorrectly and mess up my benefits. I've tried calling SSA three times but keep getting disconnected after waiting for hours.
19 comments
Join the conversation
Sofia Martinez
You're asking about a critical distinction! The Government Pension Offset (GPO) and Windfall Elimination Provision (WEP) only apply to pensions based on YOUR OWN work where YOU didn't pay Social Security taxes. Since this pension is based on your ex-husband's work, not yours, you should answer "No" to that question. The pension you receive through the divorce settlement isn't subject to WEP or GPO reductions for your own retirement benefits. However, if you were planning to claim spousal or survivor benefits on his record, that might be a different situation.
0 coins
Dylan Mitchell
•Oh thank you so much! That's exactly what I needed to know. So it won't reduce my own retirement benefits at all? I worked for 38 years paying into Social Security, so I'm claiming on my own record, not his.
0 coins
Dmitry Volkov
From my experience dealing with this exact situation, the form is specifically asking about non-covered pensions from YOUR employment. You're receiving a portion of your ex's pension through a divorce settlement (likely a QDRO - Qualified Domestic Relations Order), which is different. This won't trigger WEP reductions on your own SS benefits. When I went through this, I answered "No" to that question and had no issues.
0 coins
Ava Thompson
•But what if the ex worked for both county AND had other jobs with SS withholding? My ex had mixed employment, doesnt that complicate things?
0 coins
CyberSiren
When I filled out my SS application last yr i got soooo confused about the pension questions!! The wording is terrible. My neighbor works for SSA and told me it only matters if YOU personally worked at a job that didn't take out SS taxes. Since your ex was the county employee not you, your fine!!
0 coins
Dylan Mitchell
•Thank you! It's really reassuring to hear from someone who went through the same confusion. The wording really is unclear.
0 coins
Miguel Alvarez
If you're trying to reach someone at Social Security to confirm this, good luck with those phone lines! After wasting DAYS trying to get through, I finally used a service called Claimyr (claimyr.com) that got me connected to an actual SSA agent in under 20 minutes. They have a video showing how it works at https://youtu.be/Z-BRbJw3puU. Totally worth it for peace of mind on confusing questions like this WEP/GPO stuff where a wrong answer could impact your benefits for life.
0 coins
Zainab Yusuf
•I was skeptical about Claimyr at first, but it actually worked when I needed to sort out my survivor benefits questions. The SSA rep I spoke with confirmed exactly what others are saying here - a divorced spouse pension payment doesn't trigger WEP/GPO since it wasn't YOUR non-covered employment.
0 coins
Connor O'Reilly
•Does this claimyr thing really work?? im gonna try it tomorrow cuz ive been trying to talk to SS for literally 3 weeks!
0 coins
Ava Thompson
Im dealing with something similar. My ex was a firefighter with no Soc Sec contributions and I get part of his pension from the divorce. I was told it DOES affect my benefits but now im confused again! The whole WEP/GPO thing is so complicated, I dont think even the SS workers understand it all the time!!
0 coins
Sofia Martinez
•There's an important distinction in your case. If you're trying to claim spousal or survivor benefits ON YOUR EX'S RECORD, then yes, GPO could reduce those particular benefits (if he had some covered employment). But if you're claiming your OWN retirement benefits based on YOUR work record, receiving your ex's pension doesn't trigger WEP. The original poster is claiming on her own record, so she's in a different situation than you might be.
0 coins
Connor O'Reilly
i think ur fine. my mom gets my dads state pension from their divorce and still gets her full social security. they never took anything away from her. the ssa ppl told her pensions only matter if YOU didnt pay ss taxes at that job. ur ex paid the taxes not u so ur good
0 coins
Dmitry Volkov
To clarify some confusion in this thread: WEP (Windfall Elimination Provision) applies when YOU have pension from non-covered work AND also qualify for Social Security from other covered work. GPO (Government Pension Offset) applies when YOU get a government pension from non-covered work AND try to collect spousal/survivor benefits. Since the original poster is 1) claiming on her own record and 2) the pension is from the ex's work not hers, neither WEP nor GPO should apply in this specific case.
0 coins
Dylan Mitchell
•This explanation makes it super clear - thank you! So I'll answer "No" to that question since I never personally worked in non-covered employment. I'll make sure to keep documentation of my ex's pension paperwork just in case they ever question it.
0 coins
Zainab Yusuf
A lot of people are getting confused because this is honestly one of the most complicated parts of Social Security. I worked for 30+ years where I paid into SS but my husband had a civil service job with its own pension. When I applied for benefits in 2023, I had to provide documentation showing the pension was HIS employment, not mine. Once I did that, they processed my application correctly. Make sure you have your divorce decree and pension documentation ready when you apply.
0 coins
CyberSiren
My cousin filled out the form wrong n said yes when it wasnt her pension and they reduced her benefits by like $600/month!!! Took her 8 months to fix it and get backpay!! Be super careful how u answer!!
0 coins
Dylan Mitchell
•Oh no! That's exactly what I'm afraid of. Did she eventually get it sorted out correctly? Did she have to appeal or anything like that?
0 coins
Sofia Martinez
Update for 2025: Just to add some important context, the WEP and GPO rules haven't changed in the recent legislation. The question "are you collecting a pension based on your own employment?" specifically refers to YOUR employment where YOU didn't pay Social Security taxes. The key phrases are "your own employment" and work where "Social Security taxes were not taken out of your pay." Since your situation involves your ex-spouse's employment, not yours, you should answer "No" to this question.
0 coins
Dylan Mitchell
•Thank you for the update! I appreciate everyone's help in figuring this out. I'll answer "No" when I apply and make sure to have all my documentation ready just in case.
0 coins