Special Circumstances Flashcards
Community Property States
all property accumulated DURING the marriage is is divided in half
Equitable Division Law excludes what
certain property is owned separately by spouses and not subject to division like gifts, inheritances, property owned prior to marriage
Need for support =
total financial needs of the spouse - income (income from separate and marital property, from actual and imputed employment, income from any other source)
What is used to divide retirement assets
Qualified Domestic Relations Order
What plans are not covered by QDRO
military and government retirement plans
Do you need a QRDO for an IRA transfer?
No - but rollover rules apply if distribution not placed in recipients account within 60 days
Is alimony tax deductible for the payor?
No
Is alimony recorded as income for the receiver?
No
Is child support tax deductible or reported as income?
No
How do you qualify for Social Security Disability?
if you can’t perform any Significant Gainful Activity. Disability must be expected to last at least 1 year or result in death
What is the other option for disability besided Social Security Disability?
Private or employer provided disability insurance
Elimination period for SSDI
5 months
Supplemental Needs Trust is for whom
for disabled individual - won’t jeopardize eligibility for Medicaid/Medicare, SSDI and other Govt benefits
What can help a terminally Ill person receive funds
Accelerated Death Benefit or Living Benefits Endorsement - can receive part of death benefit early
Viatical Settlement
Viatical Settlement
assign ownership of life insurance to viatical settlement company - receive tax free percentage of death benefit
Do unmarried couples receive SS survivor benefit?
No - don’t get Medicaid coverage for partner’s nursing home stay either
Nontraditional Couples should have what paperwork
domestic partner agreement, wills, health care proxy and power of attorney
Withdrawing from a 401k Age 59 1/2 rule as well as what
if you are 55 and older and get fired you withdrawal w/o the 10% penalty
Percentage state unemployment insurance pays
typically 50% - benefits paid for 26 weeks
How long can you receive unemployment insurance?
26 weeks - unless during periods of high unemployment
Other short term unemployment benefits employers made provide
life insurance, pension credit, long/short term disability credit, tuition reimbursement, vacation accrual
Documents available to protect special needs children
power of attorney, guardianship choices, wills, special needs trusts
Government benefits for special needs children
government offsets in social security disability, medicaid
Should you leave assets directly to a special needs child?
No - do not name the child direct beneficiary of LI policy, annuity or retirement plan
