Retirement Social Security

New Social Security Rule Could Mean Thousands More for Widows and Divorced Spouses

A big change could lead to larger Social Security checks.

By Maurie Backman , Edited by Laura Hohenstein

Updated May 14, 2026

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For millions of older Americans today, Social Security benefits are the ticket to a stress-free retirement. A 2024 AARP survey found that 20% of Americans 50 and over do not have a single dollar saved for retirement.

And not surprisingly, 61% worry they don't have enough money to cover their expenses during their senior years. For people in that boat, Social Security is a financial lifeline.

But for years, many retirees saw their Social Security benefits reduced due to a pair of provisions – the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO). In early 2025, however, the Social Security Fairness Act was signed into law, which repealed both the WEP and GPO. Now, widows and divorced spouses could be in line for much larger Social Security checks.

Here's why this group of people benefits from this Social Security change and how much money might be at stake.

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Why the WEP and GPO existed in the first place

The purpose of the WEP and GPO was effectively to ensure that Social Security recipients did not get to "double dip" on retirement benefits.

The WEP applied to people who collected benefits from Social Security after working in the private sector and received a public sector pension plan after having worked in the public sector. The GPO, meanwhile, applied to surviving spouses who were entitled to survivor benefits from Social Security as well as survivor pensions.

Both provisions reduced Social Security benefits, sometimes heavily, leaving impacted retirees to struggle to keep up with their expenses.

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How the Social Security Fairness Act changed the equation

The WEP and GPO have long been controversial, and the Social Security Fairness Act got rid of these provisions. As a result, more than 2.8 million public workers, as well as their spouses, are now entitled to larger Social Security benefits. That group includes widows and divorced spouses whose benefits were previously reduced due to their partners being eligible for a public sector pension.

Now that the WEP and GPO have been eliminated, Social Security benefits are increasing for many workers, including teachers, firefighters, police officers, federal employees covered by the Civil Service Retirement System, and workers covered by a foreign social security system.

Widows and divorced spouses can expect to see more money

Under the Social Security Fairness Act, some widows and divorced spouses may be eligible for higher benefits than they received before.

This doesn't mean every widow and divorced spouse will see a change. But the American Federation of Government Employees says more than 2 million retired public employees who were previously subject to the WEP and GPO should see their benefits increase by $360 a month on average. That group includes widows and divorced spouses.

On top of that, many widows and divorced spouses may be eligible for a lump sum payment that could be worth thousands of dollars to make up for benefits they should have received previously.

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Some Social Security recipients could see a huge boost in benefits

December 2023 was the last month that the WEP and GPO applied to Social Security benefits. So many Social Security recipients are eligible for lump sum payments covering the period of January 2024 and beyond.

The Social Security Administration (SSA) says that some recipients may be eligible for over $1,000 more each month in benefits now that the WEP and GPO have been eliminated. However, some people's benefits might change very little in the wake of the Social Security Fairness Act.

The SSA began adjusting monthly benefit payments in February of 2025 after the Social Security Fairness Act was signed. As of July 7, 2025, the SSA had sent more than 3.1 million payments totaling $17 billion to eligible beneficiaries.

Bottom line

A lot of people's retirement plans depend on generous Social Security benefits. If your monthly benefits were previously impacted by the WEP or GPO, you may be looking at a very different financial equation now that both provisions have been eliminated under the Social Security Fairness Act.

That said, it's not a given that you've seen your benefit payments increase yet, despite being eligible for a boost. If you know your monthly checks were subject to the WEP or GPO but you haven't received a lump sum payment or seen your benefits rise, it's important to contact the SSA to follow up on your money. You should also create an account at SSA.gov if you haven't done so already and review your benefits information there.

Unfortunately, due to broad staffing cuts at the SSA, you may need to wait longer to speak to a customer service representative by phone or get an appointment at a local field office. But it's important to be persistent, so you don't give up money you're entitled to.

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