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BenefitsLink > Q&A Columns >

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

Answers are provided by Robert S. Kaufman

Divorced Spouse 60 Not Eligible Until 62

(Posted August 20, 2012)

Question 896: As a 60 year-old divorced spouse of a 30 year railroad retiree aged 60, what benefit am I entitled to? I am currently receiving disability benefits from Social Security.

Answer: You will be eligible for a Divorced Spouse Annuity at 62 if you and the rail worker were married for at least 10 years and you are unmarried.

One note of caution: if your Social Security benefit is higher than your Divorced Spouse Annuity, you will not receive a Divorced Spouse Annuity.


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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