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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's Benefits

(Posted August 13, 2004)

Question 503: I was married for 17 years while my husband worked for the railroad. We divorced in 1982. I have not remarried but he remarried a year ago. He just turned 62 and retired on August 11. I am now 60. Am I entitled to draw part of his pension? If so, can I begin drawing it now or do I have to wait until I'm 62?

Answer: You will be eligible for a divorced wife's benefit from Railroad Retirement when you are 62 if you have not remarried.

If you also are eligible for your own Social Security benefit, those benefits will be subtracted from your Railroad Retirement benefit.


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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