Insurance & Benefits in Divorce Flashcards
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Read the first 7 Insurance & Benefits in Divorce flashcards as text
What is the minimum marriage duration required to claim Social Security spousal benefits based on an ex-spouse's record?
Answer: 10 years
A divorced spouse must have been married for at least 10 years to be eligible for Social Security benefits based on the ex-spouse's earnings record.
When a divorce settlement assigns a pension's survivor benefit option to the non-employee spouse, which document legally effectuates this with a defined benefit plan?
Answer: QDRO
A QDRO (Qualified Domestic Relations Order) is required to assign survivor annuity rights and other pension interests from a defined benefit plan to an alternate payee.
A spouse who remarries before age 60 and later divorces again — how does this affect Social Security divorced-spouse benefits from the first marriage?
Answer: Benefits are suspended but restored upon second divorce
Remarriage before age 60 disqualifies a divorced spouse from benefits on the first ex-spouse's record, but those benefits are reinstated if the subsequent marriage ends.
Under ERISA, a QDRO must specifically identify which of the following?
Answer: The amount or percentage to be paid to the alternate payee
A QDRO must clearly specify the amount or percentage (or the manner of determining it) to be paid to the alternate payee to be considered qualified.
A divorced spouse covered under a military member's Tricare health plan — under what condition may they retain Tricare coverage after divorce?
Answer: Under the 20/20/20 rule: 20 years of service, 20-year marriage, 20-year overlap
The 20/20/20 rule allows a former military spouse to retain full Tricare benefits when the service member served at least 20 years, the marriage lasted at least 20 years, and there is a 20-year overlap.
Which of the following best describes a 'pre-retirement survivor annuity' in the context of a pension and divorce?
Answer: A benefit paid to the alternate payee if the employee dies before retiring
A pre-retirement survivor annuity (QPSA) pays the alternate payee if the plan participant dies before reaching retirement age, and a QDRO can protect this benefit.
A Health Savings Account (HSA) accumulated during marriage is typically treated as which type of asset in divorce?
Answer: Marital property subject to equitable distribution
HSA balances accumulated during the marriage are generally considered marital property and may be divided between spouses in divorce proceedings.