finding a divorce lawyer who understands railroad retirement

by Pierce Lowe 9 min read

How does Railroad Retirement work in a divorce?

A divorced spouse can receive an annuity even if the employee has not retired, provided they have been divorced for a period of not less than 2 years, the employee and former spouse are at least age 62, and the employee is fully insured under the Social Security Act using combined railroad and social security earnings.

How long do you have to be married to get railroad retirement?

one yearIn order to qualify for a spouse annuity, you must be the legal spouse of the railroad employee and you must have been legally married to the employee for at least one year immediately prior to filing your spouse annuity application.

Does Railroad Retirement recognize common law marriage?

The term includes all ceremonial marriages we would otherwise recognize as valid were it not for the defect, but does not include common-law marriages.

How does Railroad Retirement Work for surviving spouse?

A lump-sum death benefit is payable to certain survivors of an employee with 10 or more years of railroad service, or less than 10 years if at least 5 years were after 1995, and a current connection with the railroad industry if there is no survivor immediately eligible for a monthly annuity upon the employee's death.

Is an ex wife entitled to railroad retirement?

Spouse and Divorced Spouse The term Full Retirement Age (FRA) means the age at which the spouse of an employee with less than 360 months of railroad service or a divorced spouse can receive a full annuity (not reduced for early retirement).

How long do you have to be married to get half of retirement?

To receive a spouse benefit, you generally must have been married for at least one continuous year to the retired or disabled worker on whose earnings record you are claiming benefits. There are narrow exceptions to the one-year rule.