The question you have raised about your wife, who is receiving a pension but has never paid into Social Security, is an important one and worth exploring, especially in light of the new Social Security Fairness Act.
You’re wondering whether this new legislation would make her eligible for Social Security spousal benefits now that the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO) have been repealed.
Here’s the key point to remember: for your wife to claim spousal benefits, she must wait until you begin claiming your Social Security benefits. According to the Social Security Administration, she cannot claim them independently.
The Social Security Fairness Act, signed into law by former President Joe Biden, repeals provisions that previously limited or completely stopped people who had certain pensions from collecting Social Security benefits.
These provisions, known as the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO), were particularly tough on people like your wife, who had worked for government institutions but didn’t pay into Social Security.
The new law ensures that many people will see changes to their benefits, and most of these updates are already in effect as of this month.
However, there are still rules in place for receiving Social Security benefits, which are determined by your eligibility. For individuals to qualify for retirement benefits, they must have paid into the system, meaning they’ve earned Social Security credits over time. But the good news is that it doesn’t require a full career of work to be eligible.
Since your wife worked for 38 years at a college that did not contribute to Social Security, she may not qualify for benefits through this job alone. However, if she has worked in other positions where Social Security taxes were paid, she could still be eligible for her benefits, provided she has earned 40 credits, which typically takes about 10 years of work.
Keep in mind that credits are earned by working and paying into Social Security, with each credit requiring a certain amount of earnings. For example, in 2025, you would need to earn at least $1,810 to earn one credit.
When it comes to spousal benefits, the rules are a bit different. Your wife may still qualify for spousal benefits even if she has not worked or paid into Social Security.
According to the Social Security Administration, a spouse can receive up to 50% of the other spouse’s primary insurance amount, which is the amount they would receive at Full Retirement Age. So, while your wife may not be eligible for Social Security benefits on her own, she could still qualify for spousal benefits based on your work history.
However, there’s a process to follow. For your wife to receive spousal benefits, you must first file for your benefits. The earliest she can claim spousal benefits is at age 62, which would make her 71 years old in your case.
If you decide to claim your benefits before reaching Full Retirement Age, it will not impact her ability to claim spousal benefits, so long as she is at least at her Full Retirement Age when she claims them.
If she were to claim spousal benefits earlier than her Full Retirement Age, her benefits would be reduced.
As for your situation, you still have years before you will be able to file for Social Security benefits. I encourage you to take your time in making this decision. There’s no set rule for when to file.
Some people choose to file as early as age 62 because they need the money right away, while others wait until age 70 to maximize their benefits. Some people are comfortable waiting until their Full Retirement Age.
In your case, it might make sense to delay claiming benefits for as long as you can, especially if you and your wife expect to live long, healthy lives. Of course, this decision depends on your financial needs now and in the future, so it’s essential to consider your circumstances.
Take your time to review the changes brought by the Social Security Fairness Act and understand how they apply to your specific situation. And remember, it’s always a good idea to consult with a financial planner or the Social Security Administration for more detailed information about your benefits.