Will WEP/GPO repeal let me claim ex-spouse Social Security benefits after 32-year marriage?
I retired from teaching about 2 years ago and I'm currently 67. I've been hit by the Government Pension Offset (GPO) which completely wiped out any ex-spouse benefits I might have been entitled to. My ex-husband started taking his Social Security early at 62. We were married for 32 years before divorcing, and I haven't remarried. I keep hearing rumors about Congress finally repealing WEP/GPO. If that actually happens, would I suddenly become eligible to receive ex-spouse benefits? And would those benefits be calculated based on what my ex is currently receiving, or would they use what he would have received at his full retirement age? I'm trying to plan my finances for the next few years and this could make a significant difference. The pension I get from my teaching career is helpful but not exactly generous at $2,850/month. Any insights from someone who understands these complicated rules would be greatly appreciated!
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Cameron Black
Yes, if the WEP/GPO repeal passes as currently proposed, you would likely be eligible for ex-spouse benefits since you meet all the basic requirements (marriage over 10 years, you're unmarried, and you're at full retirement age). The benefit would NOT be based on what your ex is currently receiving, but rather on his Primary Insurance Amount (PIA) - what he would have received at his full retirement age. Since you're already at your full retirement age, you'd be eligible for 50% of his PIA. However, I should caution that while there's been significant momentum for repeal, it hasn't passed yet. The Social Security Fairness Act has gained support but still needs to clear several hurdles. Implementation would likely be phased over several years rather than immediate.
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Victoria Jones
•Thank you for that explanation! So even though he took benefits early, I would still get 50% of what he would have received at his full retirement age? That's better than I thought. Do you know if the phase-in they're discussing would be based on age or some other factor? I'm wondering if being 67 already would put me in an earlier group.
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Jessica Nguyen
my mom went thru the exact same thing!!!! she taught for 31 yrs and got NOTHING from my dads ss even tho they were married forever. its such a scam honestly. good luck hope they fix it
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Isaiah Thompson
If i was u i would CALL SS RIGHT NOW and get them to run the numbers for you. My coworker who retired from county job had SAME ISSUE and SS gave her wrong info THREE TIMES!!!!! Each person tells u something different. And the wait to talk to them is INSANE sometimes 2-3 hours on hold and then they hang up on you!!!
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Ruby Garcia
•I had the same frustrating experience trying to get answers about my WEP reduction. I finally found a service called Claimyr that got me through to an SSA agent in about 20 minutes instead of waiting for hours. They have a video showing how it works at https://youtu.be/Z-BRbJw3puU and their website is claimyr.com. It was so much better than repeatedly getting disconnected after waiting forever. The agent I spoke with was actually able to calculate exactly what my benefit would be if the repeal passes.
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Alexander Evans
Just wanted to add some technical details that might help you understand your situation better: 1. The ex-spouse benefit calculation would give you the greater of: your own benefit (if you have one) OR up to 50% of your ex's PIA (Primary Insurance Amount). 2. Since you're already past your FRA (Full Retirement Age), you wouldn't face any reduction for claiming early. 3. Most of the WEP/GPO repeal proposals include a phase-in period of 5-10 years, with partial relief increasing each year until full repeal. 4. Some versions prioritize older beneficiaries first, which would actually work in your favor at age 67. I would recommend getting an estimate from SSA of what your ex-spouse benefit would be WITHOUT the GPO, so you know exactly what to expect if the repeal passes.
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Victoria Jones
•Thank you for these details. I'll definitely contact SSA to get those numbers. Do you know if they'll actually calculate that for me even though I'm currently affected by GPO? I want to be prepared if this repeal actually happens.
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Evelyn Martinez
does anyone know when theyre actually going to vote on this??? they keep talking about it but nothing happens. getting tired of waiting!
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Cameron Black
•The Social Security Fairness Act (H.R. 82) has strong bipartisan support but hasn't been scheduled for a floor vote yet. The challenge isn't opposition, but finding offsets for the cost (estimated at $150 billion over 10 years). Most analysts don't expect a vote until after the November elections. Even if passed, implementation would be phased, not immediate.
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Benjamin Carter
I'm in a similar situation except I'm still working part-time. GPO has completely wiped out any spousal benefits from my ex. The whole system is just wrong - we paid into the system just like everyone else! I've been calling my representatives every month about this. If enough of us keep the pressure on, maybe they'll finally do something. Have you calculated approximately how much you might get if GPO is repealed? For me it would be around $1,200/month which would make a HUGE difference.
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Victoria Jones
•I haven't been able to get an exact figure yet, but based on my ex's career (he was an engineer), I'm guessing it might be around $1,400-1,500 monthly. That would be life-changing combined with my teacher's pension. I've been calling my representatives too, but I never know if it makes any difference. I'll keep at it though!
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Jessica Nguyen
wait i'm confused. if ur ex took benefits at 62 doesn't that mean u would get less too? that's what happened to my aunt
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Alexander Evans
•No, that's a common misconception. When claiming ex-spouse benefits, what matters is YOUR age when YOU claim, not when your ex claimed. The benefit is based on what your ex would have received at their full retirement age (their PIA), regardless of when they actually filed. Your aunt's situation might have been different if she claimed before reaching her own full retirement age, or if there were other reductions applying to her case.
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Isaiah Thompson
I HATE these stupid unfair rules!!! My sister worked for the post office for 35 YEARS and gets ZERO of her husbands SS even though that money would really help her now!!!! If they dont fix this soon all of us affected are going to be too old for it to even matter!!!!!
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Cameron Black
Update for everyone following this thread: The latest version of the WEP/GPO repeal bill now includes a 5-year phase-in period with priority given to beneficiaries over 65. The first year would provide 20% relief from GPO, increasing by 20% each year until full repeal in year 5. It also has a "hold harmless" provision ensuring no one would receive less than they do under current rules. The bill has 305 cosponsors in the House (well over the 290 needed to force a vote), so there's real momentum now.
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Victoria Jones
•That's encouraging news! I appreciate the update. So if it passed soon, I might get 20% of my potential ex-spouse benefit in the first year? That would still be something. I really hope this happens - it would help so many of us who've been caught by these unfair offsets.
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