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BenefitsLink > Q&A Columns >

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

Answers are provided by Robert S. Kaufman

Payment of Divorced Spouse Benefits

(Posted January 4, 2014)

Question 1090: If my husband of over 10 years was married to his first wife for 10 years, is she entitled to his retirement benefits? He was not employed with the railroad during their marriage.

Answer: The answer to the question is yes, the former spouse will be entitled to a Divorced Spouse Annuity at 62 if she is not married.

The fact that the marriage took place during a period in which the rail worker was not working in the rail industry does not matter.

But please note that the payment of an annuity to his former spouse will not affect the benefits that you and your husband receive from Railroad Retirement.


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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