I was married for 30 years and am now divorced. After the divorce, my ex-husband took a job earning a state pension. For WEP purposes, he only had 20 years of "substantial earnings" before taking the new job. If he is subject to the WEP, will my divorced spouse's benefit be reduced as well? Or will I receive half the amount that he would have received without the WEP reduction?

Hi. Yes. Any divorced spousal benefits that you qualify for would be calculated based on 50% of your ex-spouse's primary insurance amount (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). Thus, if the Windfall Elimination Provision (WEP) reduces your ex's PIA, it would also reduce any divorced spousal benefits that you could be paid based on his record.

However, if your ex dies before you, your potential survivor benefit rate would be calculated based on your ex-husband's full benefit rate without any WEP reduction being applied.

Best, Jerry