---
kind: "section"
citation: "20 C.F.R. § 218.12"
title: "20"
number: "218.12"
heading: "When a divorced spouse annuity begins."
url: "https://uscodex.org/cfr/20/218.12"
---

# §218.12. When a divorced spouse annuity begins.

- (a) A divorced spouse annuity begins on the later of either the date chosen by the applicant or the earliest date permitted by law.
- (b) **Earliest date permitted by law—**
  - (1) **General rules.** The earliest date permitted by law is the latest of—
    - (i) The day after the day the claimant last worked for a railroad employer;
    - (ii) The beginning date of the employee annuity;
    - (iii) The first day of the first full month in which the employee annuitant is age 62 if the employee has not been granted a period of disability;
    - (iv) The first day of the month in which the employee annuitant attains age 62 if the employee has been granted a period of disability; or
    - (v) **The first day of the month in which the final decree of divorce is effective.**
  - (2) **Full-age annuity.** The earliest date permitted by law is the latest of—
    - (i) The month shown in [paragraph (b)(1)](#b-1) of this section;
    - (ii) The first day of the month in which the claimant attains full retirement age;
    - (iii) The first day of the twelfth month before the month in which the application is filed if the employee is a disability annuitant or has been granted a period of disability; or
    - (iv) The first day of the sixth full month before the month in which the application is filed if the employee is not entitled to a disability annuity or a period of disability.
  - (3) **Reduced-age annuity.** The earliest date permitted by law is the latest of—
    - (i) The month shown in [paragraph (b)(1)](#b-1) of this section;
    - (ii) The first day of the first full month the claimant is age 62 if the application is filed in or before that month; or
    - (iii) **The first day of the month in which the application is filed.**

## Notes

### Amendments

[54 FR 30725, July 24, 1989, as amended at 68 FR 39010, July 1, 2003]

### Authority

Authority: 45 U.S.C. 231f(b)(5).

### Source

Source: 54 FR 30725, July 24, 1989, unless otherwise noted.

### Amendments

[54 FR 30725, July 24, 1989, as amended at 68 FR 39010, July 1, 2003]