Social Security spousal benefits with WEP/GPO repeal - can ex-husband draw early on my SSDI?

Yes, your ex-husband can potentially claim divorced spousal benefits on your record if he meets certain requirements. Since you were married more than 10 years and have been divorced for at least 2 years, he qualifies for divorced spouse benefits. However, there are some important things to understand: 1. He CAN claim early (before his FRA), but his benefit will be permanently reduced - about 30% less at age 64 compared to waiting until 67. 2. The 50% spousal benefit is only if he claims at his FRA. Since he's 64, it would be reduced to around 35-37% of your amount. 3. The WEP/GPO repeal helps, but his own SS benefit calculation will still be affected by his limited SS contributions during his city job. 4. If he has his own Social Security benefit from his reserve duty, he'll receive either his own benefit or the spousal benefit, whichever is higher (not both). The Social Security office should be able to provide estimates for both scenarios - claiming now with the reduction vs. waiting until FRA.

my husband was in almost EXACT same situation!!! city worker + military reserves. he called SS and they told him so many different things each time he called. total mess!! took almost 5 months to figure it out because nobody knew how to calculate with the military time. the last agent told him the military quarters weren't enough for his own benefit so he HAD to take spousal off me (i'm on disability too), but then the next agent said opposite thing!!! UGGGGH

The previous response is mostly correct, but there's an important detail missing that applies specifically to your situation. Since your ex-husband had significant military reserve service (29 years), he needs to carefully evaluate how those points/quarters factor into his own benefit calculation now that WEP/GPO are repealed. Here's what he should do: 1. Contact Social Security and request a detailed benefit calculation that includes his military service credits 2. Ask specifically about how the WEP/GPO repeal affects his situation 3. Get a comparison of his own benefit vs. spousal benefit at different ages (64, FRA, 70) 4. Understand that the higher-earning spouse's benefit (likely yours) becomes even more valuable for lifetime planning One strategy worth exploring: if his own benefit at 70 would be higher than the spousal benefit, he could take the reduced spousal benefit now and switch to his own benefit at 70 when it maxes out. This is complex but can be optimal in some cases.

I tried calling SS about military credits for my husband last month and they kept putting me on hold forever!!! Hung up on me twice after waiting 3+ hours each time. Horrible service!!!!

Wait, I'm confused about something in your post. You say WEP/GPO were "just repealed" - but that's not exactly right. The SECURE 2.0 Act modified them slightly, but they weren't fully repealed. There's been talk in Congress about repealing them completely, but as far as I know that hasn't happened yet. Your ex-husband's pension from his city job will still likely affect his Social Security benefits through WEP/GPO unless something very recent has changed that I missed?

Don't forget that if ur ex starts claiming on your record, it doesn't affect your benefit amount at all. Lots of people think it reduces their own payment but it doesn't. Just throwing that out there in case you were worried.

Based on all the discussion, here's my recommendation for your ex-husband: 1. He should schedule an appointment with SSA (not just call) to get an accurate calculation of his benefits considering: - His military reserve service - The impact of WEP/GPO on his city pension - Potential divorced spousal benefits on your record - Early claiming reductions at age 64 - FRA benefits at 67 - Delayed retirement credits if he waits until 70 2. The math matters here. If his own benefit would eventually exceed the spousal benefit (especially at age 70), he might want to take the reduced spousal benefit now and switch later. 3. He should bring ALL documentation to this appointment: - Military service records - City pension details - Marriage and divorce certificates - Your Social Security number (he'll need this to check spousal benefits) This isn't a decision to make based on general forum advice alone - the specific numbers for his situation will determine the optimal strategy.

one more thing nobody mentioned - divorced spouse benefits are only available if he isn't remarried!!! if he got remarried after your divorce then completely different rules apply

A quick note on benefit amounts: the maximum divorced spousal benefit at FRA is 50% of your Primary Insurance Amount (PIA), which is what you'd receive at your FRA (not necessarily what you're currently receiving on SSDI). Since your ex would be claiming early at 64, his benefit would be reduced to approximately 35-37% of your PIA. Also, I want to emphasize again that if he has his own Social Security benefit, he'll only receive the higher of either his own benefit or the divorced spousal benefit - not both. This is why getting accurate calculations from SSA is so important before making any decisions.