I receive a pension from teaching 30 years of approx $2,500/month. During married life, changed schools 4 times to follow husband's career change. Each time my experience level dropped to 7 yrs due to MO Public School rules. 1 year when he was getting master's degree I worked 3 jobs: teaching; working as waitress Fri & Sat nights; working in laundry mat Sundays. 3 years, children 3 & 5 yrs old, he was in chiropractic school. I paid all family bills & did all family duties. He said if he could go to chiropractic sch I would only need to teach 10 more years. Never happened & as kids grew older and needed more expensive clothes, supplies etc I had to borrow $300 from him each mo which I had to pay back each pay day. Can I get my portion of his Social Security because of circumstance?
You wrote that you "Cannot receive Social Security from x husband of 32 years due to pension." Is this your pension? Social Security has some information about this subject at two places. I will post the links at the bottom of this message. It appear that if your non covered pension prevents you from receiving benefits, that will continue. If you have not directly contacted Social Security, you should. Otherwise, this question is more of an estate planning / financial planning question. I will retag the question accordingly. Good luck.
http://www.ssa.gov/retire2/gpo.htm
http://www.ssa.gov/pubs/EN-05-10007.pdf
Stephanie O JoySocial Security LawyersEast Stroudsburg, PA ·
It sounds like a GPO issue. Because spousal benefits are intended for 'dependent' spouses, those with their own retirement benefits that are not dependent (as defined by the SSA), are not eligible for spousal benefit (divorced or otherwise). It is less a pension thing and more of a dependent thing - as it also applies to prevent those with their own SS work record, who also paid in for their own, from then also getting a spousal benefit on the work record of the ex, unless they too have such a small SS benefit/pension as to be considered 'dependent' for this purpose. Dependent's original intent was to keep housewives that did not work outside the home, from being on the street once the husband was gone, not to compensate them for all the extra work they do in the home aside from their job outside the home. I realize you may have gotten a raw deal from that ex of yours - as it sounds like he not only had you clean the house, but didn't support the kids' needs and only 'loaned' you money to support their lives. I suppose that may be why you left him.
GPO means that 2/3 of your pension amount will be subtracted from your SS dependent benefit. If he passed away and his benefit was $2500, and you'd be eligible for 100% survivor benefit ($2600), then only $1600+ would be offset from that $2500, if 1600 is 2/3 of your own pension (or thereabout). So if your ex was a high income earner, you could make out a bit later, if he were to pass away.
Now, you mention working other jobs that DO withhold SS taxes, or which you would have been required to pay your own SS taxes if you were a 1099. If you had 10 years of same, you may be able to be insured for a small SS benefit on your own record.
There are several ways that you could be eligible. Visit your local Social Security office, discuss your options, and apply. It takes months for an appointment. Drop-in is best, although the wait is long.
