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BenefitsLink > Q&A Columns >

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

Answers are provided by Robert S. Kaufman

Is It Too Late To Claim Part of Tier 2, Ten Years After My Divorce?

(Posted June 13, 2003)

Question 270: My former husband has been receiving disability benefits for several years. We divorced in 1992, after 26 years of marriage. I asked for a share of his Tier 2 but my request was denied. Is it too late to claim it?

Answer: You have asked a legal question for which you need to consult with a divorce attorney. The attorney will know if it is possible to request the court to reopen the property settlement in order to grant you a share of the Tier 2.

If you are successful, the RRB will honor the court order for future benefits; it will not be possible to recover any back payments.

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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