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Question

Is it a new york state law that a divorced spouse can receive Railroad Retirement benefits from her ex husband who worked for Amtrak for 10 years and we were married for 31 years? Also, can this be waived or is it the law that I must receive it?

Submitted: 154 days and 13 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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Posted by PaulMJD 154 days and 13 hours ago.

Answer

It is all states laws that a spouse is entitled to a portion of their spouse's pension benefits through the issuance of a Qualified Domestic Relations Order (QDRO) and the amount is based upon the length of the marriage and the number of years he contributed to the pension during the marriage. You can waive the rights to the pension and if you do you cannot come back later and try to claim them.


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154 days and 11 hours ago.

Reply

Does this in anyway lower the benefit that my ex husband would be receiving??? In other words, since I was the lower income provider, it would be beneficial for me to collect on his. Would I still collect on mine???

 

Accepted Answer

It will lower his benefit he is recieving. You would also still collect your retirement unaffected.

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Expert: PaulMJD
Pos. Feedback: 99.5 %
Accepts: 
Answered: 6/19/2009

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