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BenefitsLink > Q&A Columns >

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

Answers are provided by Robert S. Kaufman

Disabled Divorced Spouse

(Posted May 26, 2011)

Question 821: Does Railroad Retirement pay divorced spousal disability? My husband and I are divorcing and I am curious as to whether they will pay my disability. I am 44. He is 45.

Answer: Neither Railroad Retirement nor Social Security provides benefits for a disabled divorced spouse under 62. It is assumed that the spouse could receive disability benefits from Social Security based on the spouse's earnings.

A divorced spouse cannot receive reduced benefits until 62.


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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