In order to qualify for a spouse annuity, you must be the legal spouse of the railroad employee and you must have been legally married to the employee for at least one year immediately prior to filing your spouse annuity application. The one-year marriage requirement is waived if any of the following conditions exist:
- you are the natural parent of the railroad employee's child; or,
- you were eligible for a widow(er)'s, parent's, or disabled child's annuity under the Railroad Retirement Act in the month before your marriage to the employee; or,
- you had met the one-year marriage requirement for a previous spouse annuity on the employee's earnings record before a divorce and you later remarried that employee.