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BenefitsLink > Q&A Columns >

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

Answers are provided by Robert S. Kaufman

Divorce Before 10 Years of Marriage

(Posted June 25, 2014)

Question 1146: I currently am married to a railroader who is planning to retire at 60/30 in 2 years. I will be eligible for a spousal benefit at the same time. If we divorce after we start to receive benefits, will my portion stop? We will only be married 5 years at the time we start receiving benefits.

Answer: You will not be eligible for a Divorced Spouse Annuity if you divorce the rail worker before you've been married for 10 years.


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.


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