RRB RETIREMENT AND DIVORCE
When a Rail gets divorced, there are several issues with Retirement money.
In Retirement, a rail.s spouse is entitled to 50% of the employee's Tier 1 benefit and 45% of the employee's tier 2 benefit after 1 year of marriage.
The Tier 1 benefits are the same as Social Security benefits. Once a Rail has been married for l0years, then gets divorced, the spouse is entitled to 50% of the employee's Tier 1. This amount does NOT affect what the employee receives but is payable to the spouse as long as the spouse does not get remarried.  If a Rail has more than one Spouse that he has been married to for over 10 years, everyone is entitled to that 50% number. Again, that 50% does not reduce what the rail will receive In retirement for their Tier 1.
Tier 2 is considered to be property, just like a house or car. In the divorce decree, you can give any part to your spouse in the divorce decree. Once divorced, the spouse does not have ANY tier 2 benefit of
their own.  I have read a lot of divorce decrees, and many lawyers have language that Is used in the divorce that allows the spouse to receive half of the Tier 2 benefit for each month that the spouse Is married.
Other times I have seen divorce decrees where the Retirement benefits are not mentioned. In these cases, the spouse Is only entitled to 50% of the tier 1 benefit Division of RRB retirement must be in the divorce decree and recorded with the RRB in order to be acted upon at retirement time.
I had Jack call me and ask about retirement. He had worked for the UP for over 40 years, most of it as an Engineer. His wife, Emma, was 1 year older than him. I was glad to tell him that with his RRB Estimate of retirement, this is what you are looking at in retirement.  I told Jack that he would be getting $7500 per month. He would have Insurance with $295 for a monthly supplement, and his wife would have Insurance with a $315 monthly supplement.  He said GREAT. Now how about if I get a divorce. I was a little shocked. I had known Jack and Emma for many years. So after a moment of thought, I told him the following news: You would be getting $5000 per month. Your wife will take about $400 of your Tier 2, so you will have
$4600 coming to you. Emma will get the $400 from you, and she will not be able to get any other retirement money for a year until she gets to 62, and then it would have a 30% age reduction, so about $1200.  Your Insurance will remain the same at $315, but now Emma will have to Cobra for $802.40 per month and then go out on the open market to get Insurance.  Jack's answer to that was •1 love my wife•. But Jack did get a divorce a month later.
As in retirement and Disability, every divorce is going to be different. Make sure and consult a professional when it comes to your retirement benefits. Understand what you have and what can be done with YOUR benefits.