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BenefitsLink > Q&A Columns >

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

Answers are provided by Robert S. Kaufman

Benefits After Divorce

(Posted December 18, 2002)

Question 204: How do I get part of my husband's Tier 2 benefit via a final divorce decree? We are getting divorced after almost 20 years of marriage. My husband says if he remarries, his new wife will receive full benefits. Where does that leave me?

Answer: I think you will find the information you need about Tier 2 partitions in Questions 97, 98 and 186.

By law, you will be eligible for a divorced wife's benefit at 62 if you are not married then. What you are entitled to is not affected by any benefits your husband's new wife will qualify for.


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.


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