Can My Spouse Get My Social Security AND Their STRS Pension in an Ohio Divorce?

7 minutes ago
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If you’re going through a divorce in Columbus, Ohio, and one spouse is a teacher with STRS while the other pays into Social Security, this issue comes up all the time:

“Can my spouse get half of my Social Security AND keep their STRS pension?”

The short answer: No—but it’s more complicated than most people think.

1. Social Security Is NOT Divided in an Ohio Divorce

Under federal law, Social Security benefits cannot be divided like marital property.

That means:

The court cannot award one spouse 50% of the other’s Social Security
There is no QDRO or DOPO for Social Security

So in a Columbus divorce case:

STRS → divisible (via DOPO)
Social Security → not divisible

2. But There Is a Backdoor: Divorced Spouse Benefits

Even though the court can’t divide Social Security, a former spouse may still qualify through the Social Security Administration. If the marriage lasted 10+ years, a divorced spouse may receive:

Up to 50% of the other spouse’s Social Security benefit
Paid directly by the government (not from the ex-spouse)

Important:

This does not reduce the other spouse’s benefit
The divorce court has no control over this

3. The STRS Twist (Why This Used to Matter A Lot)

Historically, STRS spouses had a major disadvantage.

Two federal rules:

WEP (Windfall Elimination Provision)
GPO (Government Pension Offset)

These often:

Reduced or eliminated Social Security benefits for teachers
Especially reduced spousal benefits

That’s why, in Columbus divorce cases, attorneys often argued for a“Social Security offset” when dividing STRS.

4. The 2025 Game-Changer (This Changes Everything)

In January 2025, Congress passed the Social Security Fairness Act.

What it did:

Eliminated WEP and GPO
Allows public employees (including STRS participants) to receive full Social Security benefits

Even more importantly:

Spousal benefits are no longer reduced or eliminated due to a government pension

5. So Can the Wife Get BOTH STRS and the Husband’s Social Security?

Here’s the real answer:

She may end up receiving:

Her full STRS pension, AND
A Social Security benefit based on the husband’s record

BUT…

It’s not “double dipping” in the way people assume. The Social Security Administration generally pays:

The higher of the two benefits, or
A combined adjusted benefit, depending on eligibility

6. What This Means in Columbus Divorce Cases

This issue used to drive a lot of litigation strategy.

Before 2025:

Husband (private sector) → full Social Security
Wife (STRS) → reduced or no Social Security
Result: Offset arguments were common

Now (2025 and beyond):

Both spouses may receive Social Security
The imbalance is largely gone

Practical result:

Social Security offsets are no longer standard
Courts are less likely to adjust STRS division based on Social Security

7. What Judges Actually Do in Franklin County

In reality, courts focus on:

Equitable division under Ohio law
The total financial picture
Whether expert testimony supports an offset

There is:

No required formula
No automatic adjustment
A case-by-case analysis

8. The Bottom Line

In a Columbus, Ohio divorce involving STRS:

Your spouse cannot be awarded your Social Security
They may qualify separately for a federal benefit
And due to the 2025 law changes:
- The old “offset” arguments are much weaker

Final Thought

This is one of the most misunderstood financial issues in Ohio divorce cases—and one that can swing tens of thousands of dollars in property division.

If you’re dealing with: