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benifits after divorce

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  • benifits after divorce

    I have been seperated for over a year and am looking to finalize the divorce
    my ex has asked me to wait as long as i can , so she can stay on my benifits as she has alot of medicine she takes , she is claiming now that iff we get divorced i will be responsible for her medical bills personally . she has a pre existing condition and would not qualify for benifits any where now.
    will i have to pay her bills even though i cant afford them? and what do you think a judge whould rule on this? i can not afford a lawer and am strugling just to get by on a day to day basis , ahhhhhhhhhh!

  • #2
    Depends, need more facts on the history of the relationship i.e. how long were you together, does she work, kids involved etc?

    Conceivable that the meds cost might form part of an obligation for spousal support.


    • #3
      together for ten years , two kids ,yes she works and has a good job , but no benifits . how canthe government expect me to pay child support , day care and all her medical bills , and still some how pay my own bills ? this system sucks , it promotes a fatherless family ,the more time i spend with the kids the more it costs me .


      • #4
        Yup, FL is nice and fair that way, (insert sarcasm here!).
        Have you read through the posts about changing the existing CS guidelines?

        Your statement is EXACTLY why there needs to be a review. It doesn't take a rocket scientist to realize there are huge problems with the system.

        But on the note mentioned, dadtotheend is right, under certain circumstances one may be ordered to continue this kind of support if it is demonstrated that you can "afford" to do so. Just an FYI since she has asked you to hold off as long as possible so that she can maintain her coverage through you, you are setting a precedence, IE Status quo, to your ability to pay.


        • #5
          I can't imagine the value of the benifits is worth more than moving on with your life and getting the divorce finalized.

          Move forward with the divorce! SS (if any required) will pay for her meds, and the SS amount will consider all her costs including the meds, so you will pay some if you pay SS.

          This is if SS is based on need rather than compensation for any damage to her career caused by the marriage (which I think is more fair and that is the way my SS is calculated, but that is rare and not done by courts as I understand). Remember that CS takes care of the difference in your income with respect to your joint responsibility to raise the kids. SS based on need is just wrong and treats the receiver as not being responsible for their own financial well being. SS for someone that has never worked in a long marriage should be based on need initially though. Okay, I went off on a tangent there!


          • #6
            "you are setting a precedence, IE Status quo, to your ability to pay." i dont understand what you mean by that , do you mean that she is proving that i cant afford this by asking me to keep her on my benifits<!-- / message -->


            • #7
              what is "ss" ?, i think she can get a court order to keep her on my plan if it is proved that she whould not be able to get coverage any where else because of pre existing illness .


              • #8
                SS is spousal support, which she may be entitled to, depending on your income differences.

                I don't think a "status quo" has been established. You are not paying for her medication. Her medication has been covered through your health insurance provided by your employer. (This is me reading between the lines).

                She can ask that you keep her covered on your insurance as part of the divorce agreement. With 2 children, you would have "family" coverage anyway. (My spouse covered his ex for 10 years... didn't matter to me as I had my own coverage).


                • #9
                  thanks for all the posts , they really help me alot ,
                  paris , how did your spouse keep his ex on after divorce ( it says in my benifits that after divorce she is no longer covered , did they need a court order?


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