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Impact of Divorce on Spouse Benefit
(Posted April 20, 2009)
Question 702: I will be 66 in February 2010. If I divorce my husband, will I still get Tier 1 & 2?
Answer: If you are divorced, you will lose Tier 2 of your Spouse benefit.
But you can receive a specific portion of your husband's Tier 2 if you and your husband agree to it as part of the property settlement.
If your marriage has lasted at least 10 years, you will be eligible for a Divorced Spouse Benefit. Unlike the Tier 1 of a Spouse benefit, Tier 1 will be recomputed under the regular Social Security formula, and it may be less than it is now.
You can ask the Railroad Retirement Board (RRB) for an estimate of what you will receive following your divorce. You should notify the RRB as soon as your divorce becomes final to avoid any operpayment of benefits.
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