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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.
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