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BenefitsLink > Q&A Columns >

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

Answers are provided by Robert S. Kaufman

When a Railroad Couple Divorces

(Posted October 13, 2004)

Question 521: If a husband and wife are both collecting Railroad Retirement benefits, how does a divorce affect them both?

Answer: The retired rail worker might lose a portion of Tier 2, if the spouse is entitled to receive a portion under the terms of the final divorce decree.

The spouse will lose the Tier 2. The Tier 1 will be converted to a Divorced Spouse's benefit, which might be less than Tier 1.

Benefit changes are effective with the month during which the final divorce decree is issued.


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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