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BenefitsLink > Q&A Columns >

Stop, Look & Listen: Railroad Retirement Benefits Q&A

Answers are provided by Robert S. Kaufman

Division of Railroad Retirement Tier 2 in a Divorce

(Posted September 28, 2013)

Question 1060: My husband is ready to retire at 60 with 42 years of service. His earlier marriage ended in divorce after 19 years. He recently was told at the Railroad Retirement office that his ex-wife would be receiving his full Tier 2 plus some type of annuity valued at $20,000 and that she is eligible for all this even if SHE remarries. She is 55. Is this true? Is it different for how it was done at divorce? This is NOT what he was told when he divorced and of course is upset.

Answer: A rail worker's Tier 2 is considered property and can be divided or awarded as part of the property settlement in a divorce. The division should be clearly spelled out in the final divorce decree.

If you husband is not happy with the agreed upon property settlement, he needs to consult with the attorney who represented him in the divorce proceedings.

Important notice:

Answers are provided as general guidance on the subjects covered in the question and are not provided as legal advice to the questioner or to readers. Any legal issues should be reviewed by your legal counsel to apply the law to the particular facts of this and similar situations.

The law in this area changes frequently. Answers are believed to be correct as of the posting dates shown. The completeness or accuracy of a particular answer may be affected by changes in the law (statutes, regulations, rulings, court decisions, etc.) that occur after the date on which a particular Q&A is posted.

Copyright 1997-2017 Robert S. Kaufman
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