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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 Tier 2 Benefits Following Divorce

(Posted August 22, 2001)

Question 129: I'm retired and I receive Railroad Retirement. My former wife receives a portion of my Tier 2 benefit, under the terms of the property settlement at the time of our divorce. She's planning to remarry. Will she still get part of my Tier 2 benefit after her remarriage?

Answer: In dividing Tier 2, the Railroad Retirement Board follows the exact wording of the property settlement agreement.

You need to consult the attorney who represented you at the time of the divorce and ask him or her for an opinion. If there is any question in the attorney's mind, the attorney should contact the Railroad Retirement Board's legal staff.


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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