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BenefitsLink > Q&A Columns >

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

Answers are provided by Robert S. Kaufman

Rail Worker's Tier 2 Previously Divided By Divorce Decree; Will New Spouse Get Reduced Tier 2 Too?

(Posted September 23, 2012)

Question 905: I'm divorced. My ex-wife gets 45% of my Tier 2 benefit under our divorce decree. I'm thinking of remarrying. Will my new wife get a reduced Tier 2 because of the partition of my Tier 2?

Answer: You new wife's Tier 2 should be 45% of your Tier 2 before any division provided by a divorce decree.

She will not be eligible until you've been married to her for one year.


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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