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BenefitsLink > Q&A Columns >

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

Answers are provided by Robert S. Kaufman

Division of Benefits as a Result of Divorce

(Posted October 13, 2009)

Question 731: I'm going through a divorce after 11 years of marriage. My spouse wants to get part of my retirement on top of her part. Is this possible?

Answer: A rail worker's Tier 2 can be divided as part of the property settlement in a divorce proceeding. The details have to be included in the final decree and reported to the U.S. Railroad retirement Board.

The Tier 1 on the other hand cannot be divided. But the spouse can be eligible for a divorced spouse annuity at 62, if he or she does not remarry.


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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