Coronavirus (COVID-19) News and Resources
Coronavirus (COVID-19) Webcasts
Subscribe to Free Daily Newsletters
Post a Job

Featured Jobs

Retirement Plan Administrator

Steidle Pension Solutions, LLC
(Lebanon NJ)

Steidle Pension Solutions, LLC logo

Client Success Team Leader

Ubiquity Retirement + Savings
(Telecommute / San Francisco CA / AL / AZ / CO / DC / FL / IL / KY / LA / MA / NC / NJ / NV / NY / OR / SC / TN / TX / WA)

Ubiquity Retirement + Savings logo

New Business Consultant

Retirement Plan Consultants
(Telecommute / CO / IA / IL / IN / KS / MN / MO / ND / NE / OH / OK / SD / WI / WY)

Retirement Plan Consultants logo

Defined Contribution Plan Administrator

MGKS
(Phoenix AZ)

MGKS logo

Retirement Plan Administrator

Group RHI
(Telecommute / Spring TX / Dallas TX / University Place WA)

Group RHI logo

Retirement Plan Administrator

SPS
(Telecommute)

SPS logo

Implementation Specialist

Ubiquity Retirement + Savings
(San Francisco CA / AL / AZ / CO / DC / FL / IL / KY / LA / MA / NC / NJ / NV / NY / OR / SC / TN / TX / WA)

Ubiquity Retirement + Savings logo

Free Daily News and Jobs

“BenefitsLink continues to be the most valuable resource we have at the firm.”

-- An attorney subscriber

Get the BenefitsLink app LinkedIn
Twitter
Facebook

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
Related links:

(restricted access)

(restricted access)

© 2020 BenefitsLink.com, Inc.