BenefitsLink > Q&A Columns >
Answers are provided by Robert S. Kaufman
Benefits for Divorced Husbands and Wives
(Posted October 24, 2007)
Question 640: I am divorcing my rail worker husband after 18 years of marriage. What benefits will I receive?
Answer: You will be eligible for a Divorced Spouse Benefit when you become 62 if you are not married at that time. The benefit is based on the Social Security formula, and will not include a Tier 2 benefit. The benefit will be reduced by any Social Security benefit you receive.
You also can receive a portion of your husband's Tier 2 if his Railroad Retirement benefit is divided as part of the property settlement provided by the divorce decree. Your attorney can advise you further on how to accomplish this.
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