20 CFR § 216.52 - Who is eligible for an annuity as a divorced spouse.

---
identifier: "/us/cfr/t20/s216.52"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "20 CFR § 216.52 - Who is eligible for an annuity as a divorced spouse."
title_number: 20
title_name: "Employees' Benefits"
section_number: "216.52"
section_name: "Who is eligible for an annuity as a divorced spouse."
chapter_name: "RAILROAD RETIREMENT BOARD"
subchapter_number: "B"
subchapter_name: "REGULATIONS UNDER THE RAILROAD RETIREMENT ACT"
part_number: "216"
part_name: "ELIGIBILITY FOR AN ANNUITY"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "45 U.S.C. 231f."
regulatory_source: "56 FR 28692, June 24, 1991, unless otherwise noted."
cfr_part: "216"
---


# 216.52 Who is eligible for an annuity as a divorced spouse.

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:

(a) Be the divorced wife or husband of an employee;

(b) Stop work for a railroad employer;

(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

(d) Have attained retirement age; or

(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.