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

Answers are provided by Robert S. Kaufman

Impact of Divorce On Spouse Annuity

(Posted December 15, 2010)

Question 783: I am married to a retired railroad employee. He is 65 and we have been married over 17 years. I am presently receiving part of his Tier I. We are contemplating a divorce. Will I be able to receive the same portion of his Tier I?

Answer: As a spouse you currently receive a regular Spouse Annuity consisting on 50% of your husband's Tier 1 and 45% of his Tier 2.

If you divorce, your Spouse annuity is converted to a Divorced Spouse Annuity, which is only your Tier 1.

As part of the divorce property settlement, you could receive a portion of his Tier 2. The process is called "Partition." You should ask your attorney as soon as you retain one.

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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