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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).
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