Divorce can be a difficult and emotionally taxing process, but it’s important to understand the rights and entitlements of both parties involved. Arkansas is a state that follows equitable distribution, meaning that the assets and property acquired during the marriage will be divided fairly, but not necessarily equally. This includes any benefits that one spouse may be entitled to. In this article, we’ll explore the benefits that divorced spouses are entitled to in Arkansas.
Health Insurance
One of the most common benefits that divorced spouses are entitled to is health insurance coverage. If one spouse is covered by their partner’s health insurance plan through their employer, the other spouse may continue to be covered under COBRA. COBRA stands for Consolidated Omnibus Budget Reconciliation Act and allows for individuals to continue their health coverage for up to 36 months after divorce. This is especially important for those who may have pre-existing conditions and depend on their partner’s insurance for coverage.
Social Security Benefits
If a couple was married for at least 10 years and one spouse is 62 years or older, they may be entitled to receive a portion of their ex-spouse’s social security benefits. This applies even if the ex-spouse has remarried. The amount that can be claimed depends on the longer of two calculations: the benefit amount based on their own work record, or the benefit amount based on their ex-spouse’s record. This can be particularly beneficial for elderly divorced spouses who may not have a steady income.
Retirement Benefits
Retirement benefits, such as 401(k) plans and pensions, can also be divided in a divorce according to the equitable distribution process. In Arkansas, retirement benefits are considered marital property, meaning that they can be divided between spouses in a divorce. The amount that can be claimed depends on how long the couple has been married and how much they contributed to the retirement plans during that time.
Survivor Benefits
Survivor benefits, specifically from military pensions, are also a consideration in a divorce. If a couple was married for at least 10 years during active duty, the divorced spouse may be entitled to receive a portion of their ex-spouse’s military pension. This can provide financial stability for the non-military spouse, especially if they were not able to acquire their own retirement benefits during the marriage.
Child Custody and Support
Divorce can be especially difficult for families with children. In Arkansas, child custody is determined based on the best interests of the child or children involved. This means that if one parent is deemed unfit, the other parent may be granted primary custody and the other parent may be ordered to pay child support. Child support amounts are determined based on each parent’s income, the number of children, and any other expenses that may be deemed necessary for the child’s well-being. This ensures that the child’s financial needs are still being met even after a divorce.
Frequently Asked Questions
1. Can a spouse file for divorce without a lawyer in Arkansas?
Yes, it is possible to file for divorce without a lawyer in Arkansas. However, it is recommended to seek legal advice to ensure that your rights and entitlements are protected.
2. Is Arkansas a community property state?
No, Arkansas is not a community property state. It follows the equitable distribution process, meaning assets and property acquired during the marriage are divided fairly, but not necessarily equally.
3. How long does a divorce take in Arkansas?
The time it takes to get divorced in Arkansas varies depending on each individual case. On average, it can take anywhere from 2-6 months for an uncontested divorce and 6-18 months for a contested divorce.
4. Can a spouse receive alimony in Arkansas?
Depending on the circumstances, a spouse may be entitled to receive alimony in Arkansas. The court will consider factors such as the length of the marriage, each spouse’s earning capacity, and any other relevant factors.
5. Can a divorce be finalized if one spouse doesn’t agree to it?
If one spouse refuses to sign the divorce papers, the other spouse can still proceed with the divorce by serving them with the papers. If the spouse still refuses to sign, a judge may grant a divorce based on irreconcilable differences.
In conclusion, divorced spouses in Arkansas are entitled to various benefits, including health insurance coverage, social security benefits, retirement benefits, survivor benefits, and child custody and support. It’s important to understand these entitlements and seek legal advice to ensure a fair and just divorce settlement for both parties involved.