ED questions

  1. Need clarification–If spouses’ benefits (401K, pension,etc) are in the Federal Employee system, are they treated the same as any other such benefits for ED (spouse insists they’re not-- not reassignable, not divisible)?
  2. After divorce how long do I have access to spouses’ Health and Dental benefits via COBRA and Continuation policies? I understand that I won’t actually be in spouses’ group pool, and I
    could be “priced out” of affording the post-divorce policy, but I need access to some form of insurance (health problems may make me uninsurable otherwise)?
  3. We currently own, outright, a parcel of land. Spouses’ name is the only one on the deed (we bought it while married). What does “tenants in common” in referring to land mean (vs.
    “tenants by the entireties” in referring to a house on a lot)? Do I have marital property rights to this land as it is? If not, then would changing the deed to include both our names make it marital property?
  4. If I died (before divorce) which of my debts would spouse be required to pay–(the debts are all solely in my name)-- ?leased car, ?car being financed, ?credit card debt?
    Many Thanks


1.) Federal Employee retirement plans are just like any other, the martial portion is divisible.
2.) The maximum period for COBRA coverage after divorce is 36 months.
3.) Tenants in common is joint ownership, each party owns one half the property and there is no right of survivorship, meaning when one owner dies their interest in the land passes to their estate, tenants by the entirety is a special type of joint ownership that only exists between married persons and has a right of survivorship, when one party dies, the other owns 100%.
4.) If you die before divorce, your estate would be responsible for debts in your sole name.