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

Answers are provided by Robert S. Kaufman

Benefits for Children and Spouse Following Divorce

(Posted March 30, 2010)

Question 745: My husband is retired from the railroad. We have been married for 19 years and have an 11-year-old grandchild whom we have been raising and now have adopted. In case of a divorce, will I and our grandchild be entitled to a spouse and child railroad monthly benefit?

Answer: You would be eligible for a Divorced Spouse Benefit at 62.

Your grandchild who has now been adopted as your child would receive a child's annuity until 18 following your husband's death.

The Railroad Retirement program does not pay direct benefits to minor children of disabled or retired workers. But children can help increase the worker's benefit under the Special Guaranty Provision of the Railroad Retirement Act.

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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