Resources & FAQ

The Windfall Elimination Provision (WEP) reduced Social Security retirement benefits for people who also received a pension from work not covered by Social Security.

The Government Pension Offset (GPO) reduced Social Security spousal or survivor benefits by two-thirds of your government pension amount.

As of January 6, 2025, these provisions have been repealed under the Social Security Fairness Act, meaning you may now be eligible for full Social Security benefits that were previously reduced or eliminated.

You need 40 credits to qualify for benefits based on your own work record. However, you may still qualify for spousal or survivor benefits based on a spouse's or former spouse's record, even if you have 0 work credits yourself.

If your ex-spouse is LIVING:

• Your marriage lasted at least 10 years
• You are currently unmarried (remarriage at any age stops this benefit until that marriage ends)
• You are 62 or older
• Your ex-spouse is eligible for Social Security (62+ with work credits)
• 2-year rule: If divorced 2+ years, you can file even if your ex hasn't filed yet
• SSDI exception: If your ex receives SSDI, you may qualify even if they're under 62

If your ex-spouse is DECEASED (survivor benefits):

• Your marriage lasted at least 10 years
• You are 60+ (50+ if disabled), or any age if caring for their child under 16 or disabled child
• If you remarried after age 60 (50 if disabled), you can still receive survivor benefits while married
• If you remarried before 60, you become eligible again when that marriage ends

What if your ex-spouse dies while you're remarried?

• If you remarried after 60: You become eligible for survivor benefits (even if still married)
• If you remarried before 60: You become eligible when that marriage ends

Good to know:

• No cooperation needed — Your ex-spouse doesn't need to know or approve
• Their benefit stays the same — Claiming doesn't reduce what they receive
• Have their SSN if possible — It speeds up processing, but Social Security can look it up if you don't have it

It depends on the type of benefit:

• Living divorced spouse benefits: Remarriage at any age stops this benefit until that marriage ends. Marrying after 60 does NOT help here—it only preserves survivor benefits.
• Survivor benefits (deceased spouse/ex-spouse): Remarriage after age 60 (50 if disabled) does NOT affect eligibility. If you remarried before 60, you become eligible again when that marriage ends.
• Child-in-care benefits: Remarriage at any age ends these benefits until the marriage ends.

Important: If your ex-spouse dies while you're remarried, you may transition to survivor benefits:

• If you remarried after 60 (50 if disabled): You're eligible for survivor benefits even while still married
• If you remarried before 60: You become eligible when that marriage ends

No. Social Security pays you the highest single benefit you qualify for. Benefits do not "stack" or combine. However, you may switch to a different benefit if a higher one becomes available later (for example, when a spouse passes away).

Generally, Social Security can only pay up to 6 months of retroactive benefits. This is why it's important to contact them as soon as possible—every month you wait could mean losing benefits you're entitled to.

If your spouse died before age 52, they may have qualified with fewer credits. The younger a person is when they die, the fewer credits they need. Contact Social Security to verify—don't assume they weren't eligible.

Spousal benefits (spouse is living):

• Up to 50% of your spouse's full benefit
• Available at age 62 (or any age with qualifying child)
• Your spouse must be receiving benefits

Survivor benefits (spouse or ex-spouse is deceased):

• Up to 100% of the deceased's full benefit
• Available at age 60 (or 50 if disabled, or any age with qualifying child)
• Marriage must have lasted at least 9 months (exceptions apply)

Common-law marriage is not nationwide — only a handful of states allow or recognize it.

In states that do, a couple must agree to be married, live together, and present themselves publicly as married (no ceremony or license required). If valid under state law, the Social Security Administration treats it exactly like a formal marriage for spousal and survivor benefits.

As of 2025, states that recognize new common-law marriages include:

Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, South Carolina, Texas, Utah, and the District of Columbia.

Other states may recognize old common-law marriages or ones formed in states where it's legal, but do not allow new ones to be created.

If the same couple divorced before being married for ten years and then remarried, it does not count as the same marriage unless the remarriage occurred within the same or next calendar year of the divorce.

For example: If you divorced in November 2020 and remarried in March 2021 (next calendar year), Social Security would combine the marriages. But if you remarried in 2022 or later, they would be treated as separate marriages.

Some annulled marriages count for Social Security purposes if the marriage lasted more than 10 years, depending on how and why the marriage was annulled.

If your marriage was annulled but lasted 10+ years, contact Social Security directly — you may still qualify for benefits based on that relationship.