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BenefitsLink > Q&A Columns >

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

Answers are provided by Robert S. Kaufman

Benefit Eligibility Ends With Remaaiage

(Posted January 25, 2004)

Question 367: I was married to a railroad employee for 22 years before our divorce. We have a child who is now 24. I have remarried. Am I entitled to any of my former spouse's benefits?

Answer: You are entitled to only a portion of your former spouse's Tier 2 benefit, if you were awarded that portion under the terms of your divorce decree.

You are no longer eligible for a divorced spouse's benefit at age 62 because you have remarried.

If your current marriage ends, you should contact the RRB to see if you are then eligible for 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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