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BenefitsLink > Q&A Columns >

Stop, Look & Listen: Railroad Retirement Benefits Q&A

Answers are provided by Robert S. Kaufman

Divorced Spouse With Teachers Pension and Social Security

(Posted August 12, 2013)

Question 1043: My ex-husband and I have been divorced about 2 years. I am a retired teacher with a pension and I am receiving Social Security. I am 67 years old. Should I apply for my ex-husband's Tier 1 benefit? More importantly, will I receive it even if my Social Security (even though it is very low) is higher than his?

Answer: Your Social Security benefit plus 2/3 of your teachers pension probably far exceeds your Divorced Spouse Annuity.

Before going through the trouble of filing a claim at Railroad Retirement, you should call the Railroad Retirement Board and verify that you would not receive any benefits. Their toll-free number is (877) 772-5772.


Important notice:

Answers are provided as general guidance on the subjects covered in the question and are not provided as legal advice to the questioner or to readers. Any legal issues should be reviewed by your legal counsel to apply the law to the particular facts of this and similar situations.

The law in this area changes frequently. Answers are believed to be correct as of the posting dates shown. The completeness or accuracy of a particular answer may be affected by changes in the law (statutes, regulations, rulings, court decisions, etc.) that occur after the date on which a particular Q&A is posted.


Copyright 1997-2017 Robert S. Kaufman
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