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Am I Entitled To Half Of My Husband's Monthly Income In Addition To What I Receive?

I am receiving a small pension through Ohio STRS each month, but it is so small I continue to work at my part-time job as a tutor. I also should be receiving just under $600 each month from Social Security, but they withhold all but $236 of it and call it a "windfall" which is truly ludicrous. They keep all but $89 of the $236 to pay for my MediCare, and I pay an additional $39.50 out of pocket for a ridiculous penalty fee for not having one year of prescription coverage on my Medicare Advantage plan, plus a full-coverage dental plan. My husband and I both started withdrawing Soc. Sec. early due to extreme financial situations. My question is, am i entitled to half of his monthly income in addition to what I receive?

Hi. No. Technically at least, you'd likely be eligible for spousal benefits if 50% of your husband's primary insurance amount (PIA) is more than your own PIA. A person's PIA is equal to their Social Security retirement benefit rate if they start drawing their benefits at full retirement age (FRA). However, it sounds like any spousal amount for which you'd qualify would be offset by 2/3rds of the amount of your STRS pension. That's due to the Government Pension Offset (GPO) provision (https://www.ssa.gov/pubs/EN-05-10007.pdf).

Therefore, you likely couldn't actually be paid any spousal benefits unless your spousal rate is more than 2/3rds of the amount of your STRS pension. Your unreduced spousal rate before any offset or reduction for age would be calculated by subtracting your PIA from 50% of your husband's PIA.

Best, Jerry

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Posted: 
Feb 6 2022 - 5:58pm
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