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BenefitsLink > Q&A Columns >

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

Answers are provided by Robert S. Kaufman

Can A Former Spouse Still Claim Part of the Rail Worker's Railroad Retirement?

(Posted June 16, 2012)

Question 881: Can I still get railroad retirement? I was married to a rail worker for only 8 years. What do I have do to get my share of his pension?

Answer: In order to receive a Divorced Spouse Annuity, you and your husband would have to been married for at least 10 years.

As part of the property settlement in a divorce, your former husband's Tier 2 could be divided, and you could receive a monthly payment from Railroad Retirement. This should have been discussed with the attorneys before the divorce was finalized. If you want to pursue it now, you need to contact an attorney who is experienced in handling the "partition" of retirement benefits.

If you can not afford an attorney, the local Bar Association can recommend attorneys who might handle your case without charge (pro bono).

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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