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BenefitsLink > Q&A Columns >

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

Answers are provided by Robert S. Kaufman

Legal Seperation of Spouse Does Not Affect Annuity Entitlement

(Posted December 10, 2006)

Question 614: Does a legal separation have the same effect on a spouse's
Tier 2 as a divorce? If not, what is the difference?

Answer: A legal seperation will not affect a spouse or widow's entitlement to Railroad Retirement benefits. The spouse will be entitled to a regular spouse or widow's annuity with a full Tier 2 benefit.

A legal seperation is different from a divorce because it does not end the marriage. The parties remain legally married under state law even though they do not live together.


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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