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BenefitsLink > Q&A Columns >

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

Answers are provided by Robert S. Kaufman

Divorced Spouse Remarries But Is Still Entitled to Share of Tier 2 Award by Divorce Decree

(Posted August 11, 2014)

Question 1167: My ex-husband worked for the railroad for 38 years and retired last year. We were married for 18 years and then divorced. I was awarded 25% of his pension as part of the property settlement in 2005. I have since remarried. Am I eligible to receive 25% of his Tier 2 and supplemental annuity benefit? I've been told I will receive none of his Tier 1 benefit because I remarried. Is this true?

Answer: You are entitled to the share of Tier 2 and the Supplemental Annuity awarded in the divorce decree. But your remarriage disqualifies you to receive a Divorced Spouse Annuity (approximately the amount of Tier 1 of a regular Spouse Annuity).

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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