Social Security Benefits After Divorce in Vermont

You May Be Entitled to Benefits on Your Ex-Spouse's Record

If your marriage lasted at least 10 years, you're currently unmarried, and you're at least 62, you can claim Social Security spousal benefits based on your ex-spouse's earnings record. This doesn't reduce your ex-spouse's benefit — they won't even be notified.

The benefit amount is up to 50% of your ex-spouse's full retirement benefit, depending on when you claim. If your own work record produces a higher benefit, the SSA pays you the higher of the two. You don't have to choose — the agency calculates both automatically.

Your ex-spouse doesn't need to have filed for benefits yet, as long as you've been divorced for at least two continuous years and they're at least 62.

Survivor Benefits for Divorced Spouses

If your ex-spouse dies and you were married for at least 10 years, you may qualify for divorced-spouse survivor benefits — up to 100% of what they were receiving (or would have received). You must be at least 60 to claim (50 if disabled), and generally must be unmarried, though remarriage after age 60 doesn't disqualify you.

Survivor benefit applications cannot be filed online. You'll need to call the SSA at 1-800-772-1213 or visit your local office to schedule an appointment.

The 2025 WEP and GPO Repeal — What Changed for Vermont

The Social Security Fairness Act (H.R. 82), signed January 5, 2025, repealed both the Government Pension Offset (GPO) and the Windfall Elimination Provision (WEP). This matters particularly for Vermont public employees enrolled in VSERS, VSTRS, or VMERS — systems where members may not have paid into Social Security through their state employment.

Before the repeal, WEP reduced the Social Security retirement benefit for people who also received a non-covered government pension. GPO could reduce or eliminate spousal and survivor benefits entirely. Both provisions are now gone.

If you were already receiving reduced benefits: The SSA has automatically adjusted your monthly payment to the full, unreduced amount. You should have also received a retroactive lump-sum payment covering the reduction back to January 2024. Check your my Social Security account online to confirm the adjustment.

If you never applied because the offsets would have zeroed out your benefit: This is the critical action item. The SSA does not automatically enroll you. You must file a new application. If you've been putting off a spousal or survivor claim because the GPO would have wiped it out, file now — the benefit starts from your application date, not from the date of the law change.

State Pension Offsets Still Exist

The federal repeal only eliminates the federal WEP and GPO. Vermont's state pension systems may still maintain internal plan-level offsets — for example, disability retirement benefits in a state plan can be reduced dollar-for-dollar by workers' compensation payments. These are separate from the repealed federal provisions and remain fully active.

Don't confuse a state plan offset with the eliminated federal provisions. If your pension statement shows a reduction, check whether it's a plan-level rule or a holdover from the old federal formula.

Steps to Take Now

1. Check your my Social Security account at ssa.gov to see your current benefit estimate
2. If you were married 10+ years and are 62+, evaluate whether your ex-spouse's record produces a higher benefit
3. If you receive a VSERS, VSTRS, or VMERS pension and never applied for Social Security because of GPO/WEP, file a new claim immediately
4. For survivor benefits, call the SSA directly — online filing isn't available

Our Vermont After-Divorce Checklist includes a Social Security evaluation worksheet that walks through the eligibility rules and helps you determine whether claiming on your ex-spouse's record would increase your monthly income.

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