---
kind: "section"
citation: "20 C.F.R. § 216.52"
title: "20"
number: "216.52"
heading: "Who is eligible for an annuity as a divorced spouse."
url: "https://uscodex.org/cfr/20/216.52"
---

# §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](/cfr/20/222.22.md) 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.

## Notes

### Authority

Authority: 45 U.S.C. 231f.

### Source

Source: 56 FR 28692, June 24, 1991, unless otherwise noted.