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BenefitsLink > Q&A Columns >

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

Answers are provided by Robert S. Kaufman

Divorce Ends Regular Spouse Benefits

(Posted April 3, 2003)

Question 235: My husband worked for the railroad for 37 years. We were married the entire time. If we are still married when we both become 60, can I continue to draw a regular wife's benefit even if we later get divorced?

Answer: If you are married at 60 and you qualify for a wife's benefit, those benefits will end when you get divorced.

If the divorce is after you are 62, you could qualify for a Divorced Spouse benefit, if it is more than your own Social Security benefit. As explained in Q&A 233 of this column, that amount would be less than what you received before your divorce.


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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