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BenefitsLink > Q&A Columns >

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

Answers are provided by Robert S. Kaufman

Current Spouse and Former Spouse Can Both Receive Benefits

(Posted November 19, 2012)

Question 923: Can I claim benefits when my ex-husband retires based on 25 years of marriage? He has remarried, but I have not, so his current spouse may want to claim this also. Would we both be able to make claims against his retirement, and how would it impact benefits?

Answer: Both a former spouse and a current spouse can receive benefits.

The two benefits are independent of each other and would not affect either the worker's or the other spouse's 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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