Ask Liz Weston

Get smart with your money

Social Security

Q&A: No more windfall elimination provision and government pension offset

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Dear Liz: My husband worked for the postal service for over 30 years and retired with a pension. He does not have enough years working in the private sector to qualify for Social Security. Since we now have the Social Security Fairness Act, is he eligible to receive a percentage of my Social Security? I know spouses who never worked and never contributed are able to receive Social Security payments based on their spouse’s earnings.

Answer: If you’ve already started Social Security and he’s at least 62, he should now be able to claim a spousal benefit based on your work record.

The Social Security Fairness Act ended the windfall elimination provision and the government pension offset. These two provisions had reduced or eliminated benefits for over 3 million people who received pensions from jobs that didn’t pay into Social Security. Those affected will see their benefits increase or receive benefits for the first time, plus they’ll receive a one-time retroactive payment reflecting the increase dating back to January 2024.

Social Security started adjusting benefits and making retroactive payments at the end of February. The agency says most affected people will see their adjusted payments starting in April, since benefits are paid one month behind.

If your husband never applied for spousal benefits, he can do so now. If he applied in the past and was denied, he could get his first payment next month as long as the agency has his current bank deposit information on file.

Q&A: Do retirement accounts affect survivor benefits?

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Dear Liz: I was 36 with two young children, ages 6 and 2, when my husband died. We are collecting Social Security survivor benefits. I work only part time since my kids are so young. He left two IRAs: one that named me as a beneficiary and one that didn’t name anyone. I understand I can treat the first one as if it were my own, and put off taking withdrawals. The second one must be drained within five years. Will the withdrawals from the second account affect my gross income and ability to collect our monthly Social Security benefit?

Answer: The withdrawals will be considered taxable income, but the money shouldn’t affect your survivor benefits.

Social Security benefits received before your full retirement age are subject to the earnings test, which withholds $1 of benefits for every $2 you earn over a certain amount, which in 2025 is $23,400. The earnings test includes wages and self-employment income, but doesn’t include withdrawals from retirement accounts.

Q&A: Spouse gets the larger of two Social Security benefits, not both

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Dear Liz: Your recent column on the divorced couple where the ex-wife can apply for Social Security benefits has me wondering about my own benefits. I’m 60 and my husband is 79. Can I get his Social Security benefits, and if so, when should I apply? I am working and have worked all my adult life. He has an ex and was married to her for 11 years, so she is getting his and he is getting his. Do I qualify for his and also my own?

Answer: To repeat, Social Security is typically “either/or,” not “both.” When you apply for Social Security, your own retirement benefit will be compared with a spousal benefit based on your husband’s earnings record. You’ll get the larger of the two benefits. The spousal benefit can be up to 50% of your husband’s benefit at his full retirement age, not the amount he’s currently getting.

You can apply as early as age 62, but that means accepting a permanently reduced benefit. Also, early benefits will be subject to the earnings test, which withholds $1 for every $2 earned over a certain limit, which in 2025 is $23,400.

You won’t face the earnings test if you apply after reaching your full retirement age, which is 67. If you delay filing, your own benefit will continue to grow. It maxes out at age 70.

Figuring out the best time to apply can be complicated. AARP has a free calculator that may help, or you can use the more sophisticated paid versions at Maximize My Social Security.

Q&A: Three marriages, but only one Social Security benefit

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Dear Liz: I was married for 10 years before divorcing. My second marriage also ended in divorce. I married for the third time and was widowed. I am collecting a survivor benefit. Am I also entitled to receive a benefit from my first marriage of 10 years? My first husband is still living.

Answer: Social Security is basically “either/or,” not “and.” If you qualify for two benefits, you typically get the larger check — not both.

Since you are currently unmarried, your ex is still living and your first marriage lasted 10 years, you may be eligible for a divorced spousal benefit. That can be up to 50% of your first husband’s benefit at his full retirement age.

You would only receive that benefit, however, if it were larger than the survivor benefit you’re currently receiving. Survivor benefits are up to 100% of the late worker’s check, so your first divorced spousal benefit would have to be substantially larger than what your late husband received to make a switch. You can call Social Security at (800) 772-1213 to inquire.

Q&A: A divorced couple considers retying the knot to maximize Social Security payments

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Dear Liz: I was married for 33 years and divorced 4 years ago. We have reconciled and are now back living together as a couple, but have not remarried. I’m 68, and my former spouse is 63. Neither of us is drawing Social Security, but we are now considering applying. Will she be able to draw more if we were to get remarried? It seems as if half of my payment will be more than what she’d get on her own. Also, when should I start drawing my benefit to maximize the payment?

Answer: Let’s start with the simpler of the two answers. Your benefit maxes out at age 70, so waiting until then to apply is usually the right strategy. Maximizing your check also maximizes the survivor benefit, or divorced survivor benefit, your partner might eventually receive.

The amount your partner would get as a spouse or a divorced spouse would be the same: up to 50% of your benefit at your full retirement age, assuming that amount is greater than her own benefit. To qualify for a divorced spousal benefit, the marriage must have lasted at least 10 years and two years must have passed since the divorce.

There’s one crucial difference between spousal and divorced spousal benefits, however. If you remarry one another, she will have to wait for you to apply for Social Security before she can qualify for a spousal benefit. If you don’t remarry, she doesn’t have to wait. A divorced spousal benefit can start as early as age 62, as long as the ex-spouse is also at least 62.

That doesn’t mean your partner should rush out to apply. Applying early — before her full retirement age of 67 — means settling for a smaller check.

Q&A: That Social Security check is in the mail. Or will be someday.

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Dear Liz: I was previously denied a portion of my husband’s Social Security because I received a government pension, and the offset rule made me ineligible. Now that the law is being changed, I’m wondering if I would be eligible to receive survivor benefits from Social Security, as my husband is now deceased.

Answer: The Social Security Fairness Act, which did away with the windfall elimination provision and the government pension offset, was signed into law Jan. 5. These two provisions affected people who earned pensions from government jobs that didn’t pay into Social Security.

Social Security says that no action is needed if you have previously filed for benefits that were partially or completely offset, but that you should make sure the agency has your current address and direct deposit information. You can do that by creating or updating a mySocialSecurity account at www.ssa.gov/myaccount. People receiving government pensions who haven’t applied for Social Security can do so at www.ssa.gov/apply.

Social Security is still working on implementing this major change, but you can look for updates at www.ssa.gov/benefits/retirement/social-security-fairness-act.html.