I have read on your website that WEP does not apply to Divorced Spouse Social Security Benefits which I am eligible for. Is that still the case now at present day?

If I get Social Security benefits from working in a European country will WEP apply to my US Social Security Divorced Spouse Benefits? Can I file for US Social Security Divorced Spouse Benefits this year (2020) and continue working at my job in Europe for another year (I will retire next year 2021) or will I be penalized? Thanks so much Larry!

Hi,

Yes, that's still true. The Windfall Elimination Provision (WEP) can only affect Social Security retirement and disability benefits payable based on a person's own earnings history. Just to be clear, though, if a person receives divorced spousal benefits on the record of a worker whose Social Security retirement or disability benefits are reduced due to WEP, then their divorced spousal benefits would be indirectly affected by WEP. Unreduced divorced spousal benefits are calculated based on 50% of the primary insurance amount (PIA) of the worker on whose record the benefits are paid. So, if a worker's PIA is reduced due to WEP, then any auxiliary benefits (e.g. spousal, divorced spousal) payable on that record are also lowered.

If you receive a pension based on your work in a foreign country, or benefits from another country's Social Security program, it wouldn't affect your divorced spousal benefits from the U.S. Social Security program. However, there is a foreign work test that applies until you reach full retirement age (FRA). If you file for Social Security benefits prior to FRA and if you're working in a foreign country, you couldn't be paid for any month in which you work more than 45 hours (https://secure.ssa.gov/apps10/poms.nsf/lnx/0302605005). You don't mention your age, so I can't tell you whether or not the foreign work test would affect you.

Best, Jerry