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BenefitsLink > Q&A Columns >

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

Answers are provided by Robert S. Kaufman

Dividing Tier 2 In Divorce Proceedings

(Posted May 24, 2004)

Question 454: My husband is a railroad employee. Before we were married, he had been married to another woman for 17 years. Can his ex-wife receive a portion of his Tier 2 if nothing is mentioned in their divorce decree? She says she can take everything.

Answer: In order for a former spouse to receive a portion of Tier 2, it has to be included in the final divorce decree. In this situation it appears that your husband's former wife cannot receive any of his Tier 2.


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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