Social Security & Government Benefits in Divorce Flashcards
7 cards from real CDA practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Social Security & Government Benefits in Divorce flashcards as text
Divorce is a qualifying life event for COBRA continuation coverage. How long can a divorced spouse maintain coverage under the former spouse's employer health plan via COBRA?
Answer: 36 months
Divorce is a qualifying event entitling the divorced spouse to up to 36 months of COBRA continuation—longer than the 18-month period triggered by job loss.
A non-working spouse who lacked their own Medicare work credits can qualify for Medicare based on an ex-spouse's work record if the marriage lasted at least:
Answer: 10 years
Similar to Social Security spousal benefits, qualifying for Medicare Part A premium-free through an ex-spouse's record requires a marriage of at least 10 years.
Supplemental Security Income (SSI) differs from regular Social Security disability or retirement benefits in that SSI is:
Answer: A needs-based program funded by general federal tax revenues, not FICA
SSI is a needs-based program funded by general federal revenues rather than payroll taxes, and eligibility is based on financial need and disability or age, not work history.
Under the Uniformed Services Former Spouses' Protection Act (USFSPA), military retirement pay in a divorce can be:
Answer: Treated as marital property divisible by state courts
The USFSPA authorizes state courts to treat military retired pay as marital property subject to equitable distribution in divorce proceedings.
In military divorce, the '10/10 rule' means the former spouse qualifies for direct payment from the Defense Finance and Accounting Service (DFAS) when:
Answer: The marriage overlapped at least 10 years with 10 years of creditable military service
The 10/10 rule requires the marriage to have overlapped at least 10 years with 10 years of creditable military service, qualifying the former spouse for direct payment from DFAS rather than from the service member.
Which federal benefit is NOT divisible as marital property in a divorce proceeding?
Answer: Social Security retirement benefits
Social Security benefits are exclusively governed by federal law and cannot be divided as marital property, unlike military retirement, private 401(k)s, or federal pensions.
When a divorce client asks a CDA for specific advice on how to claim Social Security benefits for maximum lifetime income, the CDA's most appropriate response is to:
Answer: Educate the client on how divorced-spouse and survivor benefits work, then refer them to a Social Security specialist or elder law attorney for personalized claiming guidance
CDAs provide financial education and analysis within their scope of competence and must refer clients to qualified specialists for legal advice and complex claiming strategies.