What is the difference between a divorced spouse annuity and a partition award?
Under the RRA the former spouse of an employee may become eligible for a divorced spouse annuity in his or her own right. The divorced spouse annuity is a matter of Federal law and causes no reduction in the retirement annuity payable to the railroad employee. In addition, no state court may determine the entitlement of a person to a divorced spouse annuity. In order to be eligible for a divorced spouse annuity, the former spouse must meet certain statutory requirements that are detailed in Appendix D. The divorced spouse annuity is not payable if the former spouse is married. The divorced spouse annuity may be payable even though the employee is not yet entitled to an annuity under the RRA, or is entitled but the employees annuity is not payable due to work or earnings. A partition award is a specified payment of a portion of the employees divisible components of his or her annuity pursuant to a court order, which results in a reduction in the annuity paid to the employee. A partition
