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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 07-20-2010, 10:33 AM
oakville69 oakville69 is offline
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Default Medical Insurance Benefits

I separated from my wife in Dec 2006. She does not have medical or dental insurance since she works part time. She submitted her medical receipts to me since 2006. I filed the claim and gave her a cheque once I received the reimbursement from the insurance plan.

She moved out of the matrimonial home in October 2009. She decided that she no longer wanted me to know where she lives, so she wants me to contact the insurance company to set up an alternate payee address for her. She doesn't want me to know what medication she is taking, despite telling me what she was on since 2006.

I am concerned that she could change my address on the insurance plan and direct my reimbursements to her address.

In addition, she refused to provide any receipts for 2009. The deadline to submit receipts to the plan is June 30. She now wants me to pay for the expenses, without providing any receipts.

I am baffled by her behavior, since she never had any problems submitting receipts to me during the first 3 years of separation.

I have a common law spouse now, whom I would like to register on my plan, so we could claim each other as beneficiaries.

My lawyer told me that she cannot refuse to provide her address or refuse to provide any details about her medical issues.

There is no history of abuse or violence during the relationship.

We were very amicable during the separation, but she has become very hostile towards me since she moved out of the matrimonial home.

Has anyone had to deal with this issue before?
Old 07-20-2010, 02:37 PM
dinkyface dinkyface is offline
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Um, take your ex off your benefits plan! Her address and medical issues are no longer any of your concern.

Is there perhaps a child involved?
Old 07-20-2010, 02:46 PM
HammerDad HammerDad is offline
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Unless your court order to agreement provides that you will continue to carry her on your plan, I would remove her. Let her deal with these matters themselves.

Failing that, the receipts she now wants you to cover, I would tell her that she failed to submit them to you in a timely manner so that you could forward them to your insurer. Therefore you are only willing to help her with a proportional amount above and beyond what would have been covered by your insurer. She will have to accept responsibility for her own actions and eat the amount the insurer would've covered due to her own failings. Now that is again, unless your agreement/order provides that you are to pay for her medical coverage. If the wording is broad as to say "husband shall cover medical expenses of ex-wife for a period of x years", I think you are screwed and will have to pay. But if it says "ex-husband shall provide for the costs of medical insurance for the ex-wife and cover any costs above the insured amount proportionally on income of each individual" then you are paying the insurance amounts, and all you have to do now is pay your part of would not have been covered by the insurance company.
Old 07-20-2010, 04:52 PM
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NBDad NBDad is offline
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Talk to the carrier. Especially if it's through your employer, they might have their own criteria for continuation of coverage. Unless you are bound by a court order to continue to cover her, your ex does not belong on your policy.
Old 07-20-2010, 06:52 PM
oakville69 oakville69 is offline
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Thank you for the advice. There are no children involved. My wife has requested continued coverage on my plan as part of her case conference brief.

We are in the process of negotiating a separation agreement through legal counsel. My plan does not provide coverage for divorced spouses.
Old 07-20-2010, 08:26 PM
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blinkandimgone blinkandimgone is offline
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If it is YOUR insurance plan through whatever company you use, she cannot change the information and have the $$ redirected. Most insurance companies are pretty strict about that, heck mine was a three week approval process just to get access to my own account online! I wouldn't worry too much about that part of it. If it somehow does manage to be changed without your knowledge she would pretty much have to impersonate you to make it happen, which is insurance fraud.
Old 07-20-2010, 11:39 PM
oakville69 oakville69 is offline
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I know that it would be fraud if she redirected my benefits into her account. However, her behavior has been erratic since she left the matrimonial home. i don't want to deal with a potential bureaucratic snafu if she changes the payment address to wherever she is living now.

She took one of the cars that was in my name, and refused to provide me with her new address for insurance purposes. The insurance company was hesitant to continue insuring a car that I no longer knew the location. They suggested I contact the police and report the car as stolen. I didn't do this because, I am reluctant to get involved with the police.

I was able to transfer it to her a few months later, but the legal fees incurred to deal with this issue exceeded the value of the car.

We have another 4 way meeting scheduled for August 10, so I will ask my lawyer to inform her that her coverage will be discontinued.

There is another case conference scheduled for December 15, so if a deal isn't reached by then, I will let the judge decide.

I don't understand why she is being so difficult about this issue. She was never reluctant to provide her receipts for 3 years after separation and is now behaving in a manner which is contrary to her own interests.
Old 07-21-2010, 12:27 AM
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Rioe Rioe is offline
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I'd say you have valid reasons for removing her as a dependent on your health plan. You have a new common-law you want to add in her stead, and she did not avail herself of the insurance in the entire last year by providing you with any receipts to submit.
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