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Divorce Lowers Spouse Benefits
(Posted April 23, 2003)
Question 250: My husband is 74 and receives a Railroad Retirement pension. I'm 65 and currently receive a spouse benefit, which consists of Tier 1 and Tier 2. If we divorce, how will my spouse benefit be impacted?
Answer: Your regular spouse benefit will be converted to a lower divorced spouse benefit. Your new benefit would not include a Tier 2. It probably would be less than your current Tier 1. This is because it would be computed under the more restrictive Social Security rules rather than the more liberal Railroad Retirement method.
If you and your husband divorce, you should notify the Railroad Retirement Board as soon as the final decree is issued so they can timely adjust your payments and avoid making overpayments.
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