Social Security spousal benefits after GPO repeal - divorced spouse waiting period question

Yes, you DO have to be divorced for at least 2 years before you can collect on your ex-spouse's record - unless your ex is already collecting benefits. The rule is called the "2-year waiting period" and its specifically for divorced spouse benefits. The GPO repeal doesn't change this basic eligibility requirement.

Just to clarify some information here - the 2-year divorce requirement only applies if your ex-spouse hasn't started collecting their own retirement benefits yet. If your ex-spouse IS already receiving their retirement benefits, you can apply immediately after divorce (assuming you meet all other requirements like the 10-year marriage duration, which you do with your 22-year marriage). So the key question is: Has your ex-husband started collecting his Social Security retirement benefits yet? If yes, you don't need to wait. If no, then the 2-year waiting period applies.

congrats on becoming eligible with the GPO repeal! my mom is in the same boat - she was a state employee for 30 years and never got a penny from my dad's SS even though they were married 40+ years. what month will you hit the 2 year divorced mark?

I would suggest going ahead and applying now, even though you're a few months short of the 2-year requirement. Here's why: 1. The application process takes time anyway (often 2-3 months) 2. You can specify your desired start date on the application (your 2-year divorce anniversary) 3. Getting in the system early may help when the GPO repeal causes a rush of new applications Also, you can get an estimate of your benefit amount by creating a my Social Security account online. Under the divorced spouse benefit, you'd typically receive up to 50% of your ex's full retirement amount if that's more than your own benefit would be.

Trying to reach SSA right now is IMPOSSIBLE! I spent 14 hours on hold over 3 days trying to ask questions about the GPO repeal for my mom's situation. Finally used a service called Claimyr (claimyr.com) that got her a callback from SSA in less than 2 hours. They have a demo video at https://youtu.be/Z-BRbJw3puU that shows how it works. If you need specific answers about your situation with the divorce timing and GPO repeal, it might be worth checking out instead of waiting on hold forever.

OP is misinformed. The GPO has NOT been repealed yet! There are PROPOSALS to repeal it but nothing has passed. Don't count on getting those benefits until actual legislation passes!!!

The previous commenter is correct - the GPO repeal has been proposed in various bills (including the Social Security Fairness Act), but hasn't been fully enacted into law yet. However, there's strong bipartisan support, so many are hopeful it will pass. My suggestion remains the same though - it's still good to understand all the requirements (like the 2-year divorce waiting period) so you're prepared if/when the repeal does happen. You can still create your my Social Security account to see potential benefit amounts, and perhaps even file a protective filing date with SSA to establish your intent to claim once you're eligible.

it's confusin cuz some ppl say its 10 yrs of marriage to get ex-spouse benefits and others say 2 yrs of divorce... which is it??

SORRY but everyone is missing something important here!!! Even if/when the GPO gets repealed, you'll still be subject to the Dual Entitlement rule! This means your SS benefit will be reduced by your teacher's pension amount. So many people think repealing GPO means they'll get FULL spousal benefits + FULL pension, but that's NOT how it works! You'll only get the higher of the two in most cases.

To address your latest question - there isn't a perfect calculator for your specific situation because of the complexity with the potential GPO repeal. However, here's a step-by-step approach: 1. Create a my Social Security account at ssa.gov 2. Look at your ex-spouse's earnings record (you'll need to request this from SSA) 3. Calculate 50% of his Primary Insurance Amount (PIA) 4. Compare that to your own benefit (if you have one from work covered by Social Security) Without GPO, you would be eligible for the higher of your own benefit or up to 50% of your ex's benefit. Since you worked as a teacher in a state where you didn't pay into Social Security, you likely don't have your own SS benefit, so you'd get the 50% spousal benefit if GPO is repealed. And yes, you'll still need to meet that 2-year divorce requirement.