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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).
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