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  • Eligibility for Benefits

    Hello there - I have been reading this forum for quite some time and I was hoping that someone might have some experience with this situation ...

    My ex and I have been separated for 2 1/2 years, have a signed separation agreement that states he will maintain medical benefits for as long as they are eligible to him through his place of employment.

    Well ... I have now been informed that I am "no longer eligible" and that my benefits have been cut off. We are still married and I am still legally his spouse.

    My assumption is that as of 2 weeks ago - he has now been living with his girlfriend for 1 year and has replaced me on his benefits as his "spouse".

    Any thoughts? ideas? is this his perogative?

    Thanks All!

  • #2
    My thoughts are that his workplace probably has rules, and that after living together 1 year she qualifies as his spouse for insurance purposes, and they will not allow him to keep you on as well.

    I agree that he may have done this on purpose, but his Human Resources will also have things like emergency contact info, life insurance beneficiary, etc. They are bound to act if they have information.

    Your separation agreement isn't worded "will provide benefits indefinately". At this point if he kept you on, it would have meant locking his girlfriend out, and fibbing to the insurance co, and that isn't really fair either.

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    • #3
      There's nothing offside legally about. He can only have one spouse at a time. Are there kids?

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      • #4
        Its not common with alot of companys but some have company policys that a person being covered in the benifit plan has to live in the home of the employee who has the plan.(as is my company).Except children who leave the home for university.
        My lawyer was very suprised my company was like this.She never seen it before.
        I cut my ex off because she was a cheat so she doesn't deserve it.Why should i be kind.
        The standard process is you stay on until legally divoriced.( not a seperation agreement) My ex's lawyer fought to keep her on.I had my human resoruce personal fax her lawyer the company policy.Never heard a word about it again.If you are in legal proceeding ask your lawyer to request a company policy from your ex that he had the right to cut you off.If he cant provide that. Then you ask to be reinstated until you are legaly divorice.

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        • #5
          Yes, we have one son, and he is maintaining medical benefits for him. I took a look at our separation agreement and it states that the benefits will be maintained "for as long as the coverage is available through employer".

          I know that this is just going to turn into ... "how much energy do I want to spend on this ..." and I thoroughly believe in what goes around comes around.

          I thank you all for your replies!

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          • #6
            Most of the time unless he lies to the company/insurance co, they'll end it at 90 days. (the day you are "legally separated").

            You were kept on well after that point. He still has the child on his benefits (which is the right thing to do imo).

            Living with the girlfriend for over 1 year would equate to a common law relationship as far as the insurance co is concerned.

            You're out, she's in, end of story.

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