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BenefitsLink > Q&A Columns >

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

Answers are provided by Robert S. Kaufman

Will First Wife Receive Any Benefits?

(Posted January 5, 2014)

Question 1093: I was previously married for 10 years but did not start with the railroad until after the divorce was final. Is my ex-wife entitled to any portion of my pension?

Answer: Since you were divorced before you began rail service, your former spouse is probably not entitled to a portion of your Tier 2. That amount would have to have been granted by your final divorce decree.

But, since you were married for 10 years, she would be entitled to a Divorced Spouse Annuity at 62 if she is not married. Her entitlement would not affect payments to you or to your current wife.

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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