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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.
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