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BenefitsLink > Q&A Columns >

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

Answers are provided by Robert S. Kaufman

Tier 2 Benefits After Divorce

(Posted January 23, 2003)

Question 209: I know that a spouse cannot receive a Tier 2 benefit once there is a divorce. Is a rail worker required to give part of the Tier 2 to the divorced spouse (see Q&A 208)?

Answer: The Railroad Retirement program does not require that the Tier 2 be split between the worker and the spouse in a divorce, but it does permit it if the two parties agree to the division in the final divorce settlement.

In Q&A 208, the worker and the spouse had agreed to divide the worker's Tier 2 amount under their final divorce decree.


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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