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  • Ex on benefits/new job/common law

    Hi All,
    My separation agreement says my ex is to remain on my health benefits until divorce (naively I thought divorce would happen sooner). However, we're almost 4 years later and still trying to get divorced (trial date is Fall 2016). I just started a new job and will have new benefits starting next month. I am in a common law relationship (as is she), do I have to add my ex to my new benefits plan or can I add my common law partner? The benefits plan asks for spouse/partner so it would seem odd adding my ex to this new benefits plan...

  • #2
    Originally posted by integrity View Post
    Hi All,
    My separation agreement says my ex is to remain on my health benefits until divorce (naively I thought divorce would happen sooner). However, we're almost 4 years later and still trying to get divorced (trial date is Fall 2016). I just started a new job and will have new benefits starting next month. I am in a common law relationship (as is she), do I have to add my ex to my new benefits plan or can I add my common law partner? The benefits plan asks for spouse/partner so it would seem odd adding my ex to this new benefits plan...
    if your separation agreement states she is on your benefits till divorce then that is the deal that you made and have to abide by.

    Comment


    • #3
      Well the wording of the agreement is vague:

      "The husband agrees to continue this insurance or equivalent insurance, as long as he continues to be covered by a plan through his place of employment, for the benefit of the Wife and all the Husband's children for so long as the Husband is permitted by such insurance plan".

      It actually doesn't mention divorce, just until it's not permitted by the insurance plan which would mean divorce and I would think also a common law relationship as you can't add two spouses to your insurance.

      Comment


      • #4
        Originally posted by integrity View Post
        Well the wording of the agreement is vague:

        "The husband agrees to continue this insurance or equivalent insurance, as long as he continues to be covered by a plan through his place of employment, for the benefit of the Wife and all the Husband's children for so long as the Husband is permitted by such insurance plan".

        It actually doesn't mention divorce, just until it's not permitted by the insurance plan which would mean divorce and I would think also a common law relationship as you can't add two spouses to your insurance.
        I think that must be standard wording as mine says the same. It may not mention divorce specifically but that is the spirit of the agreement.I think you are correct, you cannot have two spouses on the same plan. Does your common law have benefits where she works?

        The only way around it may be that you changed you place of employment.

        Comment


        • #5
          Im pretty sure you cant have a spouse on your plan unless you live in the same house or are in the process of divorcing. I couldnt put my partner on my plan until we were cohabitating. You should ask either your hr person or the insurance company itself. The language "if available" is the key. Technically insurance is not available to a spouse unless they are a spouse under insurance rules. The insurance company would have all those rules. If its fraudulent you cant put her on it and no court would instruct you to engage in fraudulent activities.

          Comment


          • #6
            Unfortunately my common law partner does not have benefits, that's why I want to be able to put her on my plan. We have been common law for 2 years.

            Comment


            • #7
              Originally posted by integrity View Post
              Unfortunately my common law partner does not have benefits, that's why I want to be able to put her on my plan. We have been common law for 2 years.
              I think you maybe out of luck. If your common law partner needs benefits then maybe she could look at whats available for her to get to cover herself. The see how much it would cost vs how much she would actually use to see if its worth it.

              Comment


              • #8
                Originally posted by integrity View Post
                Well the wording of the agreement is vague:

                "The husband agrees to continue this insurance or equivalent insurance, as long as he continues to be covered by a plan through his place of employment, for the benefit of the Wife and all the Husband's children for so long as the Husband is permitted by such insurance plan".

                It actually doesn't mention divorce, just until it's not permitted by the insurance plan which would mean divorce and I would think also a common law relationship as you can't add two spouses to your insurance.
                Call them and ask what their policy is on ex spouses and those that don't live with you. They may well say it is against their policy. Problem solved :-)

                Comment


                • #9
                  I know my place of employment interprets these things literally: if you aren't divorced, you are still married, even if you've been separated for a long time. If you are married to one person, you can't claim a different person as a spouse. My employer required a divorce certificate before taking my ex off my benefits (and me off his, as we worked for the same employer). It sucks, but the only way around it is to either purchase insurance for your common-law partner or get the divorce done.

                  Comment


                  • #10
                    Originally posted by integrity View Post
                    Unfortunately my common law partner does not have benefits, that's why I want to be able to put her on my plan. We have been common law for 2 years.
                    Two years does not a common law make - unless you have a child with your new partner?

                    I think your wording is quite clear that as long as there is a Wife, and you have the ability to provide insurance through your place of employment, you will do so. (What awful wording though.. what on earth was your lawyer thinking). Are you paying ss?

                    In any event, what is the harm in sending the ex a notice in writing, providing her with 30 days' notice of termination due to your change of employment? Gauge her reaction before you make a decision -- perhaps the ex can be covered under her new partner and this isn't really an issue?

                    What are the trial issues?
                    Start a discussion, not a fire. Post with kindness.

                    Comment


                    • #11
                      Originally posted by blinkandimgone View Post
                      Call them and ask what their policy is on ex spouses and those that don't live with you. They may well say it is against their policy. Problem solved :-)
                      That is what I did

                      Emailed my plan, told them that we were separated and no longer living together. Sadly, I was informed that my ex could no longer be on the plan. Forwarded that message to my ex, and that was the end of that.

                      Separation agreements cannot be binding on private third parties.

                      Comment


                      • #12
                        I have two children with my common law partner (it's my first ex-wife. We reconnected almost a year after my second separation). The other two children are from my second ex-wife. I've decided to give 30 days notice of termination due to the change of employment. She says her new partner doesn't have prescription coverage in his plan.

                        The trial issues are mostly because of a couple of items that can't be agreed upon (she does not want to share Christmas for one example) and so there's been months of waiting for responses back from the other side with regards to any attempted negotiations. So now we're just waiting for the trial date.

                        Comment


                        • #13
                          perhaps consider a move to Bountiful, BC and then you can have many wives

                          Comment


                          • #14
                            Originally posted by integrity View Post
                            I have two children with my common law partner (it's my first ex-wife. We reconnected almost a year after my second separation). The other two children are from my second ex-wife. I've decided to give 30 days notice of termination due to the change of employment. She says her new partner doesn't have prescription coverage in his plan.

                            The trial issues are mostly because of a couple of items that can't be agreed upon (she does not want to share Christmas for one example) and so there's been months of waiting for responses back from the other side with regards to any attempted negotiations. So now we're just waiting for the trial date.
                            I can see your point, but if she starts to play fast and loose with the separation agreement then you cant complain as you are the one doing it to.

                            The is the letter of the law then there is the spirit of the law. If I was you I would wait until the trial is done, wouldn't want this biting you in the ass later.

                            Comment


                            • #15
                              Originally posted by standing on the sidelines View Post
                              I can see your point, but if she starts to play fast and loose with the separation agreement then you cant complain as you are the one doing it to.

                              The is the letter of the law then there is the spirit of the law. If I was you I would wait until the trial is done, wouldn't want this biting you in the ass later.

                              But he also pointed out that his insurance company wont allow it. So he tried to follow the agreement but the policy outranks it.

                              This is the hard part with separation agreements, theyre great in "spirit" but they dont always work in practice. Especially when other policies or laws come into play.

                              And before you jump all over "agreements" remember that plenty of people on here have an agreement to see their kids and it doesnt work.

                              Comment

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