Disability annuity partition


#1

I was divorced in ohio 1998, and part of the ED was railroad TIER II benefits, the decree calls for 50% of the current value
($631) i dont have a problem with that. What i did not assume that i would go on disablity the RRB handbook for attorneys
has a paragraph that addresses this issue if you “explicitly dont include disabliity” my atty missed this. I dont have a problem
allowing this deduction when i start pension at 60.

My question is that I heard that NC law does not permit the partition of disablity annuity, since this wasnt explicitly determined either
way in final decree can i assert NC law now to protect that benefit now that i am a NC reseident, or do i have to just eat it.


#2

The decree is pursuant to Ohio law, and any modification will be under that state’s law as well.


#3

thank you for prompt response and for the
forum to gather information.