Social Security ex-spouse benefits with WEP and GPO when ex has state pension - can I get more than $300?

You're dealing with both the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO). These are two separate provisions that affect Social Security benefits differently. The WEP reduces your own Social Security benefit if you receive a pension from work where you didn't pay Social Security taxes. The GPO reduces spouse or survivor benefits if you receive a pension from government work where you didn't pay Social Security taxes. The recent WEP reform will likely help your ex-husband's Social Security benefits increase somewhat, but unfortunately, it won't necessarily help your situation as much because you're likely affected more by the GPO as a spouse receiving a government pension through your divorce settlement. I recommend calling Social Security directly to discuss your specific situation, as the interplay between these provisions can be complex, especially with the recent legislative changes.

Your situation is actually quite common with government employees and their spouses! The GPO (Government Pension Offset) typically reduces spousal/survivor benefits by 2/3 of your government pension amount. So if you're getting $1500/month from his pension, they'll reduce your SS spousal benefit by $1000. That might explain why you're only getting $375. The WEP repeal/reform will help your ex-husband, but the GPO is still in effect as far as I know. The GPO is what's really hurting your benefit amount here. You definitely should contact SSA to get a personalized calculation with the new rules. Sometimes there are exceptions or special calculations that might apply in your situation.

my mom had almost the same EXACT thing happen!!! she was married 35 years, hubby worked for state highway dept, got divorced and only gets like $400 from social security even tho she gets half his pension. its that stupid GPO rule, totally screws over stay at home moms who supported govt workers 😡

I went through something similar with my ex who worked for the county school system. From my experience, you should contact Social Security directly about the WEP changes, but don't get your hopes up too much about the GPO part. I've found it nearly impossible to get through to SSA on the phone lately. I spent WEEKS trying to talk to someone about my benefits calculation and kept getting disconnected or waiting for hours. Finally I used this service called Claimyr (claimyr.com) that got me connected to an actual SSA agent in about 20 minutes instead of the usual nightmare. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU When I finally spoke with someone, they explained exactly how my benefits were calculated with the GPO and what I could expect. Much better than guessing or getting vague answers online!

Yes, there is a fee, but it was worth it to me after wasting days trying to get through. They basically hold your place in line with SSA and call you when they have an agent. Saved me so much frustration! The agent I spoke with was able to pull up my full record and explain exactly how they calculated my benefit with the GPO applied.

NOBODY at SSA ever explains GPO properly!!! I worked for public schools for 22 years and my SS benefit got SLASHED because of GPO. It's HIGHWAY ROBBERY!!! The WEP reform that passed helps SOME people but does NOTHING for most of us suffering from GPO. They take TWO-THIRDS of your govt pension off your SS benefit - it's CRIMINAL!!! The system is RIGGED against public servants and their spouses. You should call your congressman and DEMAND they repeal GPO too, not just WEP!!!

To answer your original question more specifically - no, any WEP changes won't automatically increase your benefit if you're primarily affected by GPO. You'll need to contact Social Security to have them review your case with the new rules. Bring documentation about your divorce decree and pension split. One thing to consider - if you worked enough quarters to qualify for your own Social Security benefit (40 quarters/10 years), you might want to check if your own benefit would be higher than your current spousal benefit after the GPO reduction. Sometimes that can be a better option. The calculation is complicated because it involves: 1. Your ex-spouse's primary insurance amount 2. Your spousal benefit rate (typically 50% of their PIA) 3. The GPO reduction (2/3 of your government pension) 4. Any benefit you might be entitled to on your own record

just wondering - how much is your ex-husbands pension in total? if you're getting half of it plus some social security that might be better than some people get. my aunt only gets social security of about $950 and no pension at all.

I think what might be confusing you is that your ex-husband is likely affected by WEP (which reduces his own earned benefit) while you're affected by GPO (which reduces spousal benefits). The recent legislation mainly addressed WEP, not GPO. From my understanding, the changes to WEP might increase your ex's benefit somewhat, but won't directly impact your GPO reduction. However, there might be some indirect effect if his primary insurance amount increases. The calculation is pretty complex, so it's definitely worth contacting SSA for a personalized review. The recent changes are still being implemented, so even the agents might need to double-check the updated rules.

One more thing to consider - when did you get divorced? If it was within the last couple of years, make sure SSA knows you were married for over 10 years (38 years in your case). Sometimes they miss that detail, which is crucial for ex-spouse benefits. Also, are you 62 or older? That's another requirement for ex-spouse benefits.