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BenefitsLink > Q&A Columns >

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

Answers are provided by Robert S. Kaufman

Can Divorced Rail Worker Receive Benefits From Social Security?

(Posted October 12, 2012)

Question 912: I am single and receiving Railroad Retirement. My ex-wife will be getting her Social Security soon. Since she receives part of my Tier 2, am I eligible to receive a portion of her Social Security? If so, will it simply reduce my Railroad Retirement Tier 1?

Answer: Like Tier 1 of Railroad Retirement, Social Security benefits cannot be divided by a divorce decree.

However, if you were married for at least 10 years, you could qualify for a Divorced Spouse Benefit from Social Security.

You are right that your Tier 1 would then be reduced,meaning that you might not actually receive more by applying for that Divorced Spouse 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.


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