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Benefits - is ex wife eligible

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  • Benefits - is ex wife eligible

    Hello, My fiance is being offered a new job - where he will be granted benefits. His ex wife thinks she has rights to be on his benefits. Does she?

    I have my own benefits through work BUT I why should we have to have her on his??? Does he?

    thanks!

  • #2
    no. They're divorced. She isn't entitled to them at all. Only people you reside with are eligible.

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    • #3
      Depends on what their agreement/order says, he may have to keep her on if that is what was decided at the time. Typically, you can only have one person listed as spouse so if she's on there, you can't be.

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      • #4
        It depends on what the divorce order states and what the carrier's policy is. SOME of them will allow it as long as their is a court order in place.

        Otherwise, the carrier's standard position is that you have to be living together to qualify, so she can pound sand.

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        • #5
          I am under the assumption he currently does not have benefits, if he is being "granted" them...if that is the case, she has no right to be on them, however if he had benefits previously and was court ordered to keep her on, he may have to do the same for the new benefits.

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          • #6
            Unless it's an issue previously visited in the order/agreement, she is SOL.

            Any kids he has with her can/should be put on.

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            • #7
              Thanks for all the great feedback - especially that she can pound sand! He kept her on his union benefits as per his lawyers recommendation for short term basis so not to seem kind sorta speak. He lost his previous job, I added him to mine. NOW....he has a new job and suddenly she is demanding she be put back on his.

              There is no court order that states he is to keep her on. Currently no written agreement...he has been trying to settle on a written agreement with her for 2.5 years now since they separated...she is dragging it all out. That is a whole other topic. But in his recent offer to settle he said he would keep their daughter on the benefits ONLY.

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              • #8
                Originally posted by mattine View Post
                Thanks for all the great feedback - especially that she can pound sand! He kept her on his union benefits as per his lawyers recommendation for short term basis so not to seem kind sorta speak. He lost his previous job, I added him to mine. NOW....he has a new job and suddenly she is demanding she be put back on his.

                There is no court order that states he is to keep her on. Currently no written agreement...he has been trying to settle on a written agreement with her for 2.5 years now since they separated...she is dragging it all out. That is a whole other topic. But in his recent offer to settle he said he would keep their daughter on the benefits ONLY.
                She won't give up on this....she needs to get her own benefits and life and leave her ex alone!!!
                Your Order tells it all, however if benefits were not mentioned on the first order it may be an issue to bring to court especially if there are children who would benefit from Dad's benefits. If benefits were mentioned in the first Order and stated that they would not be paid by your fiance then he should be in the clear.

                Honestly, some people need to get over the words "till death do we part", it needs to be revisited and stated.....once the first court Order is issued we are now deemed parted" and get a life!

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                • #9
                  Mattine, is there a divorce order? If not then she is entitle to be on his benefits as long that there is no divorce.

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                  • #10
                    Really it depends on the language of the agreement, and the language of the insurance provider and if they are divorced our just separated.

                    Since you two are engaged I assume they are divorced in which case unless part of the agreement is that he pays to have her on his benefits then she is SOL.

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                    • #11
                      No divorce order yet (hence why we are still engaged!) He has been trying to get a written agreement done with her...some progress under way. My guess is she is going to insist that an order be included in their agreement that she be covered under his insurance. BUT...why should she be kept on when we are getting married and I will be his spouse? What grounds can she have to be kept on? And what argument can he use to NOT?

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                      • #12
                        And btw...she has been cohabitating since she left him. Her common-law partner I don't think has benefits either. But I agree. You left....you deal with your own welfare.

                        AND - his daughter is on my insurance and will always be covered by US.

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                        • #13
                          I am in that situation where my ex left and months after requested that I put him on my benefits. After verifying with the insurance, I did not have a choice to put him back on it.
                          It does not matter that she left or that you are living with him. As long they are still married, she has precedent over you the new partner.

                          In case yours is differnet the best thing to do is to call the insurance and find out for yourself. On mine, ( Sunlife and GreatWest) cover ex until the divorce.

                          Fact is by default you cannot denied the benefit to them till you have divorce.

                          As far for the separation agreement she does not even need a clause to be on it, on the contrary you need a clause to exclude her. I doudt she goes for that.

                          Best is to volontary provide her the benefit until the divorce as she has right to it and will win this anyway. Concentrate on getting the divorce instead of losing your time on this item.

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                          • #14
                            Most alluded to it here - Insurance companies are not in the business to be nice. Our cariier indicated that it is a basic industry standard, once divorced - never look back! We are considering the negotiation of seperation, not completing the divorce so that I amy be left on her benifits. Yes there is a downside to be in prepetual seperation - we shall see what happens because for us it is about the dollar and surviving (her benefits are no cost to her and at this point $8-9,000 a year for me)

                            Comment

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