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BenefitsLink > Q&A Columns >

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

Answers are provided by Robert S. Kaufman

If a Montana Common-Law Spouse Becomes Divorced, What Benefits Will She Receive?

(Posted July 17, 2012)

Question 887: I have been common-law married to my husband for 21-1/2 years. We have 2 girls, ages 20 and 19, and we own our own home together. My husband was injured and receives full disability. If we separate and divorce under Montana law, do I receive any retirement funds? When would I be eligible?

Answer: By law, you could receive a Divorced Spouse Annuity at 62. It would be reduced for your own Social Security benefit.

As part of the property settlement, the Tier 2 of your husband's Disability Annuity could be divided between the two of you. Those payments would start immediately following the final divorce decree.

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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