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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 and Now Is Divorcing Second Husband

(Posted July 23, 2014)

Question 1158: I was married to a railroad engineer for 18 years. We divorced, I remarried, and I am now divorcing from my second husband. I am 65 years old and have worked enough quarters to earn my own Social Security benefit. I know that I am entitled to a Divorced Spouse benefit from Railroad Retirement, but would I be able to collect both my Social Security benefit and my Divorced Spouse benefit?

Answer: You will be entitled to a Divorced Spouse Annuity from Railroad Retirement when your divorce from your second husband is final. If your own Social Security benefit is higher than your Divorced Spouse Annuity, you will not receive any payment 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.

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