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BenefitsLink > Q&A Columns >

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

Answers are provided by Robert S. Kaufman

Remarried Divorced Widow Not Eligible

(Posted July 23, 2003)

Question 290: My mom was married to my dad for 18 years before they divorced. My dad passed away and left three adult children; he had not remarried. My mom remarried. Can my mom recieve any benefits from my dad's pension from the railroad?

Answer: Her remarriage disqualifies her from receiving any Railroad Retirement from your father's claim.

She might not have lost a lot in benefits, though, because a former divorced wife receives a restricted rate under Railroad Retirement, which is further reduced by any Social Security benefit she is otherwise entitled to receive.

If her current marriage ends, she should ask the RRB at that time whether she is then eligible for any benefits.


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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