BenefitsLink > Q&A Columns >
Answers are provided by Robert S. Kaufman
Partition of Tier 2 by a Divorce Decree
(Posted April 21, 2014)
Question 1127: My attorney told me that my ex-wife is only entitled to a small portion of my Disability Annuity for 10 years of marriage. Is this true?
Answer: The amount of the rail worker's Tier 2 awarded to the spouse in a Final Divorce Decree is usually determined by the property settlement agreed to by the two parties. If the two parties can't reach agreement, the the Judge presiding over the divorce proceedings will decide.
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