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Political Issues This forum is for discussing the political aspects of divorce: reform to divorce laws, men's rights, women's rights, injustices in the divorce system, etc.

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Old 11-02-2006, 08:45 PM
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Default Benefits in separation?

Hello,

My ex's employment benefits were cancelled when she quit her job after separation, she is working again, can she remove my name from the plan? We don't even have a separation agreement yet, at the rate we are going, that will be another year. If she can remove me, can I get put back on? Through court perhaps.

Thanks

Duped
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Old 11-03-2006, 06:56 PM
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Duped,

as you mentioned,

Quote:
My ex's employment benefits were cancelled when she quit her job after separation
That's not uncommon when a person leaves their employment.

Quote:
she is working again, can she remove my name from the plan? We don't even have a separation agreement yet, at the rate we are going, that will be another year. If she can remove me, can I get put back on? Through court perhaps.
If there is a significant disparity in each parties income, then perhaps you should have an ongoing spousal support claim against the other party.

If your spouse provided you with benefits throughout the relationship, then it appears on the face of it that you may require same post separation. The cost to obtain independent benefits is a reasonable expense.

lv
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Old 11-11-2006, 04:43 PM
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I'm guessing that you're talking about drug/dental coverage through an employee benefit plan?

Most plans define what a "qualifying spouse" is in order to be covered under the plan or receive benefits...."married, common-law (same or opposite sex) relationship not living separate or apart" is what mine says.
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Old 11-16-2006, 09:41 AM
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Duped,

I should elaborate further on what I mentioned

Quote:
If your spouse provided you with benefits throughout the relationship, then it appears on the face of it that you may require same post separation. The cost to obtain independent benefits is a reasonable expense.
If your spouse is unable to offer you benefits post separation, then the cost to obtain independent benefits (monthly premiums) is a reasonable expense for spousal support purposes if you do not have the means to afford same.

lv
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