Divorcing before retirement raises questions that younger couples don’t always face. Retirement savings, pensions and health insurance often become the biggest issues in the case.

Retirement Accounts and Pensions

In Arkansas, marital property is divided equally unless the court finds that unfair and explains why (A.C.A. § 9-12-315). Retirement benefits earned during the marriage are often marital property. In addition, some plans can only be divided with a special court order. So it’s important to get the paperwork right.

Social Security

Under federal rules, a divorced spouse may be able to claim benefits based on an ex-spouse’s record if the marriage lasted at least ten years and other requirements are met. Check with the Social Security Administration about your situation.

Health Insurance

If you get health insurance through your spouse and you aren’t yet eligible for Medicare, plan ahead. Coverage options after divorce can be costly.

Alimony

Arkansas has no formula for alimony. Instead, the court looks at each spouse’s needs and ability to pay. Long marriages and big income differences often come up in cases involving divorcing before retirement.

The Family Home

Many couples have paid down a mortgage over decades. Keeping the house may seem appealing. However, consider whether you can afford it on one income, along with taxes and upkeep.

Plan With Professionals

A financial planner or tax professional can help you understand the long-term effect of each option. For the legal side, see my divorce and spousal support pages.

Talk With a Jonesboro Lawyer

You can call the office at 870.525.2191. Our phones are answered 24 hours a day, and Sara Beth or I will call you back. You can also request a consultation online. Consultations are free and usually last about 30 minutes, and I’ll explain how fees work for your kind of case before you decide anything.

This post is general information about Arkansas law, not legal advice for your situation.