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Safely, FCA, pension... : after a divorce, who keeps what ?

After a divorce, the social rights of the spouses may change. Overview of what each can expect to receive or continue to receive. health insurance For the e

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Safely, FCA, pension... : after a divorce, who keeps what ?

After a divorce, the social rights of the spouses may change. Overview of what each can expect to receive or continue to receive.

health insurance

For the ex-spouse. When both spouses are personally affiliated to the social Security (in particular because of their activities in respective professional or because they perceive each a pension), and nothing changes. If, on the other hand, one of the spouses is affiliated through the intermediary of her spouse, he enjoys throughout the divorce proceedings the reimbursement of the medical expenses and hospitalization on the basis of his status of having right. Once the divorce is transcribed in the margin of the act of marriage, the former spouse loses this quality of having right. But it sees its rights to reimbursement of his health expenses kept to himself and members of his family, of which he has charge, for a period of twelve months from the date of divorce mentioned in the margin of the marriage certificate. In addition, this period shall be extended until the third birthday of the youngest child. Finally, if the ex-spouse has or has had at least three children in her care, it continues to be reimbursed for his medical expenses and those of her children to support without limitation of time, as long as it does not fall within the scope of the sickness Insurance in another capacity, for example by becoming an employee.

For the children. If the parents are insured under the social security (personal capacity or in the framework of the maintenance of the rights of the divorced former spouse), children can be attached in the capacity of right holders to one and the other if they so request. This is so that the child will live normally in one of its parents or resident in custody. Each may recover from his / her health affiliate the medical expenses he had incurred for the child. If neither of the parents performs the process of attachment, the reimbursements are credited to the one who made the first request.

family benefits (CAF, MSA...)

In case of sole custody. family benefits (family allowances, essentially) are paid to the parent who assumes responsibility for the effective and permanent to the child or children. Most often, it is, therefore, one who lives with the child. The family allowances Fund takes into account the number of dependent children living in the home of each parent. Thus, in a family of two children, if each one assumes one of the children, none of them will be entitled to the family allowances since the latter are only paid from the second child. Another case : if one of the parents remarries or cohabits with a person who has also the charge of one or several other children, all the children living in the home of the couple will be taken into account in assessing the rights of this couple to family allowances.

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In the case of shared custody. When the child, minor or major, is in residence programmes, the principle is the principle of sharing family benefits between the father and the mother. This is the case if the parents make a joint request or, by default, if they are not in favour of a person single or sharing. However, they can be paid to a single parent on the decision of the judge or of the people themselves. If the parents have expressed a choice, whether it be a person's sole, or shared, they may not question that at the end of a year, except for modification of the conditions of residence of the child. In the case of a tie, the amount paid to each of the parents is equal to the amount of the family allowances payable for the total of dependent children multiplied by a coefficient resulting from the ratio between the average number of children and the total number. The average number is obtained by taking the sum of the number of dependent children in the following conditions. Each child's residence alternating 0.5, the other children in permanent residence, cash to 1. The total number of children for each household, corresponds to the addition of children in residence alternée and other dependent children. Let's take the example of a divorced couple with two children in joint custody. The mother lives alone with no other dependent child and receives half of the amount of the allowances for two children. The father lives with a woman who herself already has three children to support. The father and his girlfriend will be entitled to 4 / 5th of the amount of the allowances granted to families of five children, either (3 + 0,5 + 0,5) = 4 / 5.

Pension : the pension reversion

For the basic scheme of social Security. When an employee or a former retired employee dies, his or her ex-spouse may have rights of reversion. To claim it, it must be aged at least 55 years of age, and its resources should not exceed a certain annual amount, fixed by 2015-19 988,80 euros for a single person and 31 982,08 euros if he lives in a couple. The resources to be taken into account are those of the three months prior to the effective date of the pension or, if they exceed one-quarter of the ceiling, the ones of the previous twelve months.

When the divorced former spouse is only to be able to entitled to the reversion, which will be the case if the deceased has left neither a surviving spouse or ex-spouse, he shall receive full pension, calculated on the basis of 54 % of the pension of the deceased insured. If the sum of its resources and of the survivor's pension exceeds the resource limit mentioned above, the survivor's pension is reduced accordingly. For example, a widow with resources personnelles of 18 000 euros and that the pension of the former spouse who died was of 16 000 euros is expected to collect 8 640 € per year (54 % of € 16,000) for a total of 26 640 euros (18 000 + 8 640). His survivor's pension will be reduced from 6 651,20 euros (26 640 - 19 988,80). The widow will receive 1 988,80 euros annual reversion, or the ceiling.

When the ex-spouse has competitors, that is to say, if there is a surviving spouse and/or one or several other ex-spouses divorced, 54 % of the survivor's pension are subject to a sharing between the parties in proportion to the respective duration of each union. If one's resources are too important or does not have the required age to claim the reversion, this does not increase the rights of others. Each one affects only the share corresponding to the duration of his marriage. The share of those who do not fulfil the conditions required and was placed in reserve and will be paid if he meets later in terms of age and resources. In contrast, in the case of the death of a beneficiary, its share has just increase that of the other, starting with the first day of the month following the death.

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For the supplementary Agirc and Arrco. The rules are identical in the two regimes. The divorced former spouse is entitled, from the age of 55, Arrco and, according to the cases, 55, or 60 years to the Agirc, at a fraction of the survivor's pension, pro rata for the duration of the marriage dissolved, on the sole condition of not remarrying. An ex-spouse living in a common law union or bound by a Pacs may be entitled to claim. In the case of a divorced former spouse has not remarried, single, the reversion is calculated pro rata for the duration of the marriage in relation to the duration of insurance basic plans of the deceased.

If the length of the marriage is greater than the term of insurance, the ex-spouse sole benefit of the survivor equal to 60 % of the pension of the deceased. When a surviving spouse coexists with one or more ex-spouses not remarried, the pension is divided between them in proportion to the duration of each marriage reported to the duration of all marriages. Finally, if there is that ex-spouses are divorced, not remarried, the survivor's pension is calculated in proportion to the length of the marriage compared to the duration of insurance basic plans of the deceased.

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