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BenefitsLink > Q&A Columns >

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

Answers are provided by Robert S. Kaufman

Divorced Wife Can Qualify for Benefits At 62

(Posted May 5, 2004)

Question 446: I am divorced from a 21-year railroad employee. We were married 14 years. I never remarried and am now 57 with 2 grown children. He has been married twice since our divorce. Am I entitled to any of his retirement benefits, now or in the future?

Answer: If you have not remarried by 62, you could be entitled to a divorced spouse annuity from Railroad Retirement.

The amount would be reduced by any Social Security benefits that you are entitled to receive. So, for example, if your own Social Security benefit is higher than the amount of the divorced spouse annuity from Railroad Retirement, you would not receive anything as a divorced spouse from Railroad Retirement.

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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