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BenefitsLink > Q&A Columns >

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

Answers are provided by Robert S. Kaufman

When a Rail Worker and Spouse Divorce

(Posted January 2, 2013)

Question 942: With Tier 1 and divorce, does the 'amount' for the spouse stop on the date the divorce petition is filed? Or does it stop on the date the decree is filed? Also, when does the Tier 1 benefit stop accumulating?

Answer: If you divorce the rail worker, your full Spouse Annuity will end the month before your final decree is issued.

If you are at least 62 and have been married for 10 years or longer, you can immediately qualify for a Divorced Spouse Annuity. In effect, you will continue receiving Tier 1 but Tier 2 will no longer be payable.

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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