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BenefitsLink > Q&A Columns >

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

Answers are provided by Robert S. Kaufman

Divorced Wife Not Informed Of Opportunity To Receive Portion Of Rail Worker's Tier 2

(Posted March 12, 2013)

Question 986: What can I do to find out why I was not told about Tier 2 benefits during dissolution of marriage?

Answer: It sounds like your divorce attorney did not property represent you.

Ask the local Bar Association for a list of attorneys who are experienced in the division of retirement benefits in a divorce. Some attorneys will represent you without charging a fee, or by changing a reduced fee, depending on your financial situation.

It sounds like you might have an opportunity to reopen your divorce to provide for a portion of your former husband's Tier 2 because you were not properly represented by counsel, but I am not a lawyer so I cannot estimate your chances of success.

A "statute of limitations" probably applies after some number of years have elapsed since your divorce, meaning you would not be able to open the divorce or sue the divorce attorney for malpractice after that time. Hence you should contact another attorney as soon as you can, in order to take any needed actions before the statute of limitations applies.


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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