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  • Extended health care benefits

    Hi all
    First post as I am recently separated after almost 43 years of marriage. I am a retiree with a generous health care package. However, my spouse's benefits under my plan expire the day we are divorced. Has anyone here had experience arriving at a "compensation package" for the spouse's loss of benefits? By the way, I did a cursory check with Blue Cross online and my spouse is basically uninsurable because the x didn't take care of her self. Where would one look for such info? How can a value be assessed in such a situation?

    Another question re: divorce. I understand that a year after separation in Ontario a divorce can occur. Is that 1 year after I left my spouse or 1 year after the separation agreement is signed?
    Thanks in advance

  • #2
    Originally posted by mikefox View Post
    Another question re: divorce. I understand that a year after separation in Ontario a divorce can occur. Is that 1 year after I left my spouse or 1 year after the separation agreement is signed?
    Thanks in advance
    Sorry, I can't help with your first question, but this one is easy.

    Technically, it is one year after the date of separation. A separation agreement may be faster or take longer, but you should have it prior to the divorce, so that may affect the divorce timing.

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    • #3
      Sorry, I must be dense but..

      again, my question is divorce after one year of separation? Is separation the day we split or the day we sign the separation agreement? Thanks

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      • #4
        Originally posted by mikefox View Post
        again, my question is divorce after one year of separation? Is separation the day we split or the day we sign the separation agreement? Thanks
        The day you split up.

        If you split up and then get a separation agreement six months later, you have to wait another six months before you can divorce (unless there was adultery, then it can be immediate).

        If you split up and still don't have a separation agreement after a year, you can file for divorce but the judge probably won't sign off on it because you don't have equalization, custody or support dealt with. You're best off not applying for divorce until you have the separation agreement done.

        Honestly, the separation agreement is the key part, not the divorce itself. Unless you are in that much of a rush to remarry.

        And also, date of separation sometimes gets argued about, as it isn't always clear. Was it the day you stopped sleeping together? Was it the day you closed the joint bank accounts? Was it the day someone moved out? Sometimes you have to fudge the date a little bit.
        Last edited by Rioe; 07-09-2015, 11:36 PM.

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        • #5
          A couple of thoughts:

          Ask your HR people at work if you can continue to keep your ex on your benefits plan for specified time (a year, say) so that she can shop around and find an appropriate private plan for herself. You may need to delay the official divorce in order to keep her on your benefits.

          Shop around (go to an insurance broker) and see if you can find a private plan comparable to what you have at work, for which your ex could qualify. Offer to pay a portion of the premiums. (I assume that after 43 years of marriage your ex either doesn't have her own plan through work and/or is too old to be expected to get a new job with new benefits).

          If your ex has ongoing expensive health problems, you could offer her a portion of your pension to cover things like prescriptions, up to a certain maximum per year. This is basically spousal support. In return, you could ask to be made a beneficiary on her life insurance, though I'm not sure whether that would appear to be a little morbid.

          You could offer her a lump sum payment as part of equalization to compensate for the loss of benefits. The amount would have to take into consideration how expensive her medical needs currently are and what her life expectancy is.

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          • #6
            Thanks

            Thanks To all of you who responded. I appreciate your guidance. You have been most helpful.

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