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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 Has Remarried

(Posted July 7, 2014)

Question 1151: I was married for 26 years to a rail worker; we have 3 kids together. I never worked. We are now divorced. My ex-husband is drawing $3,000 a month. I am disabled and do not receive any benefits.

I have remarried (he also is disabled; he receives Social Security benefits).

In order to receive a Divorced Spouse annuity from the RRB, must I get a divorce?

Answer: Because you have remarried, you are not eligible for a Divorced Spouse Annuity from Railroad Retirement at age 62.

But you should be able to receive a Spouse Benefit from Social Security, based on your current husband's work record.


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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