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BenefitsLink > Q&A Columns >

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

Answers are provided by Robert S. Kaufman

Benefits for Divorced Widow Affected by Remarriage?

(Posted November 30, 2003)

Question 342: My ex-husband died 2 years ago after 50 years with the railroad. He had not retired before his death. We divorced in 1992. I'm now 62 and I am receiving Railroad Retirement as a divorced widow. If I remarry, how would that affect my Railroad Retirement?

Answer: Because you are past 60, remarriage will not affect your continued entitlement to a divorced widow's benefit. But if you become eligible for either Social Security benefits or Railroad Retirement benefits based on your new husband's account, your current railraod retirement benefits will be reduced by the amount of your new benefit. If your new benefit is higher, your current benefits will be discontinued.

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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