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Rail Worker and His Wife Are Living Apart
(Posted May 15, 2010)
Question 751: My husband is a rail worker. We have been married for 15 years. For the last nine years we have lived apart. We might divorce. A friend told me that if I've been married for at least 10 years, I should receive Railroad Retirement benefits. True?
Answer: If you remain married, you will be eligible for regular spouse benefits when you husband retires and you both reach the required ages. The fact that you live apart has no bearing on your eligibility.
If you divorce and do not remarry, you will qualify for a Divorced Spouse benefit. This pays less than a regular Spouse benefit. You could receive part of his Tier 2 benefit if it is divided by the divorce decree.
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