I am a US/UK dual citizen. I worked in the UK for about 19 years in a public service role, and I will have a pension from that and eventually a small state pension. I have worked in the USA for 19 years as a self employed person, paying both employee and employer social security payments. I will not reach the 20 years for graduated WEP deductions due to two years under the substantial earnings. My personal record shows benefits higher than if I claimed under my husbands record, who has 30 years payments. Mine though, will be subject to WEP, reducing it substantially. If I claim under my husbands 30+ year record, will this still be subject to WEP? Thank you.

Hi. No. The Windfall Elimination Provision (WEP) only applies to Social Security retirement and disability benefits, not spousal or survivor benefits. So, assuming that your husband is collecting his Social Security benefits and if 50% of his primary insurance amount (PIA) is more than your , then it sounds like you should qualify spousal benefits.

Just to be clear, though, if you were born after January 1 1954 you can't claim spousal benefits without also being required to claim your own benefits at the same time. So, assuming that you're eligible for spousal benefits and if your husband's PIA is more than twice as much as your own WEP-reduced PIA, then what you'll receive is an excess spousal benefit in addition to your own benefit. You and your husband may want to strongly consider using our software (https://maximizemysocialsecurity.com/purchase) to fully analyze all of your options so that you can determine the best overall strategy for maximizing your benefits.

Best, Jerry