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BenefitsLink > Q&A Columns >

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

Answers are provided by Robert S. Kaufman

What Are the Benefits for a Divorced Wife After 5 Years of Marriage?

(Posted March 10, 2012)

Question 859: If the railroad worker and his wife divorce after 5 years of marriage, can the wife receive any part of the retirement (Tier 1 or Tier 2)?

Answer: The divorced wife cannot receive a Divorced Spouse Annuity because the minimum marriage duration is 10 years.

But she could receive part of the rail worker's Tier 2 if the final divorce decree provides for "partitioning" of the Tier 2 as part of the property settlement.


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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