{"data":{"id":"us/20-cfr-216.52","jurisdiction":"us","citation":"20 CFR 216.52","heading":"Who is eligible for an annuity as a divorced spouse.","body":"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:\n(a) Be the divorced wife or husband of an employee;\n(b) Stop work for a railroad employer;\n(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\n(d) Have attained retirement age; or\n(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.","path":["Title 20—Employees' Benefits","CHAPTER II—RAILROAD RETIREMENT BOARD","SUBCHAPTER B—REGULATIONS UNDER THE RAILROAD RETIREMENT ACT","PART 216—ELIGIBILITY FOR AN ANNUITY","Subpart F—Spouse and Divorced Spouse Annuities"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-20.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:24:45Z","sha256":"dadc050df6354c9664292b15007742721c1b7a3ae0857ef24300f763d24f5cbf","source_id":"us-cfr","stale":true,"prev":"us/20-cfr-216.51","next":"us/20-cfr-216.53"},"notice":"GroundRules: Original legal text. Not legal advice."}