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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 Can Receive an Annuity from Railroad Retirement

(Posted January 30, 2013)

Question 960: I have been divorced from a railroad employee for 17 years. We were married for 14 years. In my divorce papers it says I am not entitled to any railroad retirement benefits. (My ex convinced me that I would be taking some of HIS retirement money away from him!) Can I get this modified so that when he retires I can get a benefit?

Answer: A Divorced Spouse Annuity is provided by law to a divorced spouse who was married to the rail worker for at least 10 years, regardless of what your final divorce decree states. It begins at 62 as long as you are not married then. It would be reduced by any Social Security that you receive.


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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