My ex-wife and I are almost exactly the same age, turning 65 in about 6 months. At 65, I will claim and receive a pension based on non-covered employment. My ex will file for spousal benefits when we turn FRA at 66. What effect will WEP have on her divorced spousal benefits on my record? Also, if I file for divorced spousal benefits on her record will WEP be a factor? Stumped in SinCity ;-)

Hi,

It sounds like WEP will be an indirect factor in what your ex-wife receives from your record, since her divorced spousal rate would be calculated based on 50% of your full retirement age rate (PIA). And, if WEP reduces your PIA, then her 50% won't amount to as much.

If you claim divorced spousal benefits on your wife's record, WEP won't be involved unless your wife also receives a pension based on her non-covered work. However, if the non-covered work that you performed was for a governmental agency (federal, state, county, municipal), then your divorced spousal rate could be offset in whole or in part due to the Government Pension Offset (GPO) provision (https://www.ssa.gov/pubs/EN-05-10007.pdf).

Our maximization software is able to handle cases involving both WEP and GPO, so you may want to consider using it in order to determine your best path forward for claiming benefits.

Best, Jerry