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BenefitsLink > Q&A Columns >

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

Answers are provided by Robert S. Kaufman

Finding Out How Divorce Might Affect Spouse Benefits

(Posted May 1, 2010)

Question 748: My husband is a retired railroad employee. We have been married for 5 years, but we are not living together at this time due to our incompatability. He has threatened to divorce me.

I realize that in order to permanently get RR retirement, one has to be married for 10 consecutive years. I am 64, and am concerned about my financial security. Do I have any options?

Answer: You need to consult with an attorney to find out how the divorce laws work in your State. The information from your husband might not be accurate.

Your are correct that you need to be married for at least 10 years to be eligible for a Divorced Spouse Annuity. Also, upon your divorce you might be able to receive part of your husband's Tier 2 benefit even if you were married for less than 10 years. An attorney can advise you on how to accomplish this.

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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