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How Does the RRB Establish Common Law Marriage?
(Posted February 3, 2016)
Question 1242: My husband's first wife is trying to establish common law marriage to him in order to file for a Divorced Spouse Annuity. Are there any criteria that the Railroad Retirement Board uses to determine whether a common law marriage existed? They were legally married for less than 10 years. They lived together prior to their marriage.
Answer: In establishing common law marriage, the Railroad Retirement Board follows the law of the State where the couple resided. Rest assured, you or your husband will not lose any of your benefits if she becomes eligible for a Divorced Spouse Annuity.
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