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How Divorce Affects Railroad Retirement Benefits
(Posted January 3, 2003)
Question 205: How would a divorce affect the disability benefits I draw on my husband's earnings?
Answer: Your question is a little confusing. Railroad Retirement does not provide any benefits for a husband or wife based on the spouse's disability status.
But divorce will affect regular benefits for husbands and wives of rail workers. You will lose your automatic entitlement to a Tier 2; but if you provide for it in the final divorce decree, you can receive a portion of your husband's Tier 2.
Under certain conditions, you can receive a Tier 1 as a divorced spouse but the amount is limited to what Social Security would pay you if your husband's rail credits were counted by Social Security.
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