StacksVerified U.S. regulatory reference

20 CFR §216.52

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
To be eligible for a divorced spouse annuity, the employee annuitant must be at least age 62 and the divorced spouse (see § 222.22 of this chapter) must:
  1. (a)Be the divorced wife or husband of an employee;
  2. (b)Stop work for a railroad employer;
  3. (c)Not be entitled to an old-age or disability benefit under the Social Security Act based on a primary insurance amount that is equal to or greater than one-half of the employee's tier I primary insurance amount; and either
  4. (d)Have attained retirement age; or
  5. (e)Have attained age 62 but be under retirement age. The annuity is reduced for each month the spouse is under retirement age at the time the annuity begins.