Retirement Social Security

A Quiet Social Security Rule Change Could Mean a Big Check for Widows and Divorced Spouses

Don't let a rule change fly under the radar.

By Christy Rakoczy Bieber , Edited by Laura Hohenstein

Updated Oct. 12, 2026

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If you are eligible for Social Security benefits, failing to pay attention to Social Security rule changes could be one of your biggest financial mistakes. When lawmakers make modifications to the Social Security benefits program, the income seniors rely on could be affected.

Unfortunately, not everyone keeps up with modifications to the law, especially if they are complicated. This could mean a change that entitles some retirees to much bigger checks goes unnoticed.

The Social Security Fairness Act is one potential example of this. The Act was signed into law in January of 2025, shortly before President Trump took office for the second time. With the focus on an administration change, some retirees may have missed the big news.

Those who are affected need to understand the impact of this change, though. Specifically, that includes widows and divorced spouses who may get much higher benefits because of the change.

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How could widows and divorcees benefit from the Social Security Fairness Act?

Widows are allowed to collect benefits based on their spouse's work history. Survivor benefits are available starting at age 50 if you are disabled, or starting at age 60 otherwise. Benefits are also available at any age when caring for the deceased person's child who is under 16 or disabled.

Survivor benefits equal up to 100% of the deceased person's benefit amount, so they could be substantial and are often worth more than the retirement benefits of the spouse left behind.

These benefits are available not just to those who were married when their spouse died, but also to someone who divorced a spouse after 10 or more years of marriage and who didn't remarry before age 60 (or age 50 if disabled).

Divorced spouses are also entitled to spousal benefits if they were married for 10 or more years, are currently unmarried, and are at least 62. These could equal up to 50% of their ex's benefit.

Unfortunately, many widows and divorced spouses previously saw their survivor or spousal benefits reduced or even eliminated by a law that the Social Security Fairness Act repealed.

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The Social Security Fairness Act changed this law and helped widows and spouses

The Social Security Fairness Act was aimed at eliminating two laws that prevented certain public service workers from getting part of their Social Security benefits. Specifically, the Social Security Fairness Act repealed the Government Pension Offset (GPO) and Windfall Elimination Provision (WEP). The GPO specifically applied to spouses, ex-spouses, and surviving spouses (widows or widowers).

The WEP reduced the Social Security benefits of many public service workers or government employees if those workers had a job where they did not pay Social Security taxes (called non-covered employment) and where they earned a pension instead.

The GPO worked similarly, but prevented current and former spouses from getting all of their survivor or spousal benefits when they earned a pension from non-covered employment that didn't require the payment of Social Security tax.

How much more do widows and ex-spouses get?

The exact extra amount available for widows and ex-spouses varies because it depends on how big the Social Security check should have been and how much was lost because of the pension from non-covered employment. The Social Security Administration explained that while some people may be eligible for over $1,000 more each month, others will see very little change since multiple factors come into play.

The Social Security Fairness Act's repeal of the WEP and GPO became effective for benefits payable after December 2023, so the first affected benefits were January 2024 benefits. However, the law wasn't signed into law until January of 2025. It simply applied retroactively.

As a result, many people, including widows and ex-spouses, collected back pay. The Social Security Administration paid out $17 billion in back benefits to 3.1 million people as of July 7, 2025.

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How to get the money you're entitled to

If you are a widow or if you are a divorced ex-spouse, you should have received your back pay, and you should be getting higher benefits going forward. If that's not happening, it may be because the Social Security Administration has the wrong info on file or because you never filed for benefits. You should check your my Social Security account to see if there are any missing details

Those who had filed already and who had the right bank details with Social Security should have already received their back pay and should be collecting higher benefits already. Widows and widowers who are eligible for more benefits because of the change but who did not get them should contact the Social Security Administration.

It may just be a matter of providing updated bank details, but the SSA also encourages anyone who may benefit from the Social Security Fairness Act to apply for spousal or survivor benefits ASAP to get the money they're owed. You can apply for spouse's benefits online at ssa.gov/apply or by phone. Survivor benefits can't be applied for online, so call 1-800-772-1213. Keep in mind that if you never applied, back pay generally only goes back six months before the month you file, not all the way to January 2024.

Bottom line

If you or your spouse worked in public service and you are now divorced or your spouse is deceased, it's easy to overlook the impact of the Social Security Fairness Act when making your retirement plan. However, you don't want to leave money on the table, so if you haven't seen extra payments and think you may be entitled to them, contact the Social Security Administration ASAP to get help.

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