What Benefits Do Divorced Spouse Entitled To In Arkansas

Amon Skres

2 min read

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26-01-2025

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Divorce can be a complex and emotionally challenging process, and understanding your rights regarding benefits is crucial. In Arkansas, the benefits a divorced spouse may be entitled to depend heavily on several factors, including the length of the marriage, the terms of the divorce decree, and the specific benefit in question. This article provides a general overview; consulting with a legal professional is highly recommended for personalized guidance.

Social Security Benefits

In Arkansas, as in other states, divorced spouses may be eligible for Social Security benefits based on their ex-spouse's earnings record, provided they meet specific criteria:

• The marriage lasted at least 10 years. This is a key requirement.
• The divorce must be finalized. A pending divorce does not qualify.
• The divorced spouse is at least age 62 (or age 60 with reduced benefits if eligible for early retirement).
• The ex-spouse must be entitled to Social Security retirement or disability benefits.
• The divorced spouse is not currently married. Receiving benefits based on an ex-spouse's record will terminate if the divorced spouse remarries before age 60.

It's important to note that claiming benefits on an ex-spouse's record does not affect the ex-spouse's benefits in any way.

Retirement Benefits

Arkansas law doesn't directly dictate retirement benefits payable to divorced spouses from private sector employers. These benefits are governed by the terms of a specific retirement plan (e.g., a 401(k) or pension plan). The divorce decree may outline how these assets are divided. If the decree is silent on this matter, additional legal action might be necessary to determine entitlement.

Health Insurance

Eligibility for continued health insurance coverage after a divorce in Arkansas depends heavily on the specifics of the employer-sponsored health plan. Some plans might allow for continuation of coverage under COBRA (Consolidated Omnibus Budget Reconciliation Act) for a limited time, at the divorced spouse's expense. Other options might include obtaining health insurance through the Affordable Care Act marketplace.

Life Insurance

Beneficiary designations on life insurance policies are typically determined by the policyholder. A divorce decree might alter the beneficiary, but this is not automatic. Unless the policyholder explicitly changes the beneficiary designation, the named beneficiary (which might be the former spouse) remains entitled to the proceeds upon the policyholder's death. This underscores the importance of updating beneficiary designations after a divorce.

Disclaimer

This information is for educational purposes only and does not constitute legal advice. The specific benefits a divorced spouse receives in Arkansas are determined by individual circumstances and applicable laws. It is strongly recommended to consult with an attorney specializing in family law and/or Social Security benefits for accurate and personalized guidance.