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BenefitsLink > Q&A Columns >

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

Answers are provided by Robert S. Kaufman

Starting Date of Tier 2 Payments to Divorced Spouse

(Posted May 26, 2010)

Question 755: Why can't I have one-half of my ex-husband's retirement benefit at age 62? This is a divorce, not a married situation. We were married for 27 years. I am 62 and unmarried. I need my half now, not at 65.

Answer: From your question, I assume that your divorce settlement provided you with half of your former husband's Tier 2 benefit beginning at age 65. If you are not satisfied with the terms of the agreement, you need to contact an attorney to see if the terms can be modified.

For your information, you can qualify for a Divorced Spouse Benefit from Railroad Retirement at 62. This is a benefit provided by Federal law, and is not related to your agreement dividing Tier 2 at 65.


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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