Separated (Marriage) and Ex is Common Law and Medical Coverage

[Krilus]

I've been separated since the beginning of 2021. My Ex moved in with her new BF August 2021.
I am still paying her medical coverage since then but if she's been living with this guy since 2021
wouldn't she and our kids also be eligible to be covered under his health insurance?

I ask because 1) I am looking at adding my own new partner to my coverage and I would assume
I no longer need to be the only one paying for medical/dental for the kids we have.

I thought I'd check here before shelling out more $$ to the lawyer once again.

K.

[416excouple]

Are you trolling? Is this a joke? Why would you have your ex on your medical insurance and keep your own partner out. You should have yanked her off the very month you too separated. By law she is in a common law relationship with her BF. and no longer your spouse. I am sorry you have just been wasting money. Also, you may be committing insurance fraud unknowingly as you have suppose to remove your ex following the end of your relationship

[Krilus]

I'm def not trolling. I checked into the insurance eligibility after we separated and it doesn't matter until we are legally divorced. I kept her on because that was the advise of my lawyer after her lawyer was threating that her out of pocket medical expenses would be my problem. However, no one expected this to be drawn out so long. Obviously the situation has now changed so I am hoping there's no issue with me finally getting her off my coverage.

[rockscan]

If you don't reside together then she can't be on your insurance.

Unless you were to pay spousal which included medical coverage there is no reason why you would be ordered to pay it. I don't even think you have to with spousal support.

If they are living together then she would be on his benefits. The kids would be a different story especially if her new bf has to pay for dependents.

If your matter is dragging on then you should look at how to keep it moving including finding a new lawyer if needed. Make an offer to settle and go from there.

[416excouple]

I am yet see a case law/ Act/ family law provisions that supports what your lawyer advised you (PS I am not a Lawyer), in the absence of an agreement or court order. Your ex's lawyer can say whatever they want, it hold zero water. Hitherto, removing her now is long overdue as she is now in a common law relationship. Just inform your insurance of a change of relationship status ( Life event) and you will be able to change it easily.

As Rockcan has said , move your matter forward even if it requires firing your lawyer if they are not doing so. If you have done a case conference, apply now for a settlement conference and then be asked to be placed on trial list. You should by now sent multiple offers . Delay tactics in family court is very common and can very dangerous.

[Challenger]

From what I’ve seen insurance companies allow you to add dependants that qualify under income tax act, and you ex likely lost that status on separation date (and not on date of divorce), so I would suggest calling insurance.
However, insurance company will ask you when did your status change, and if it would appear that she was not only on your policy, but also used benefits, you were technically committing insurance fraud, even if you didn’t know it.