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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 07-08-2009, 12:50 PM
GreyShadow GreyShadow is offline
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Question Health Benefits

Hi everyone

I have done a search and don't seem to come up with an answer - so if I have missed a post - please don't hesitate to point me in that direction.

My question is simply - after almost 3 years of trying to get divorced and having everything thrown at me (self represented the last 2 years) - I am at a point where I need to take control of stuff. Can I remove my ex from my work benefits. I am and always will keep my kids on it - what legality do I have to keep her on them ?

I believe these to be my benefits, I pay for them, I insure the kids.

I am now living with my girlfriend who does not have benefits - but - it is not about that - it is about trying to re-take my life as I read so many similarities in the stories of the fathers (and mothers) getting taken advantage of when becoming self represented.

I am also fighting an ex and her lawyer who have just kept dragging heals in all this it is frustrating beyond belief.

Comments on health Benefits for the ex ?


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Old 07-08-2009, 08:59 PM
jennw jennw is offline
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Having been in a similar situation, my now-husband and his ex almost immediately cut eachother off their respective benefit plans but kept their child on as soon as they knew they were divorcing. I'm sure they were bitter and didn't want the other benefiting..but really there is no need to 'support' the other in that regard.

With the usual 1-year (or sometimes 6 months) waiting period for your new girlfriend to get added on as your common-law spouse, I'd get your ex off right away.

Legally, you have to keep your kids on I would imagine, as for your ex unless its part of a spousal agreement, she is not your 'spouse' any longer and therefore not entitled to benefits under an insurance plan.
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Old 07-08-2009, 09:06 PM
today today is offline
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I also cut mine off prior to our first case conference. It was brought up to the judge as if I did something very wrong, but the judge was fine with it once we replied that only she was removed and not the children. So I presume not an issue although in my case she tried to make it one. Perhaps given that you let it go this long you may wish to give a certain amount of documented notice to her.
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Old 07-08-2009, 09:20 PM
frustrated11 frustrated11 is offline
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its time to remove her, she is not your spouse, you have have kept her on long enough, you can get a divorce after 1 year of being legally seperated, its on the form
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Old 07-08-2009, 10:48 PM
AnnainOntario AnnainOntario is offline
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During the first year of my separation my ex-husband took me off his benefits. But said it was his employer who did it. The judge was annoyed with his behaviour and asked him if the amount paid towards the benefits would be different if he took me off and kept the kids on. My ex said no. The judge ordered him to add me back onto his benefits and said "she's still your wife". Later, my ex quit that benefits. I didn't push for it at his new job. I think you have taken care of her long enough and should be able to take her off your benefits.
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Old 07-08-2009, 11:35 PM
singledad99 singledad99 is offline
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When my ex sued me for custody and other crap she did not even ask for the health benefit. However, I wanted to be super nice to her and offered to insert the health benefits clause into the court order. Boy, did it bite me back or what? Now she wants me to keep her on my employers plan for ever even though my employer's policy clearly states that separated and divorced spouses can't be enrolled as dependents.

That's why I tell everyone now to stop being nice guys when you don't have to!
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Old 07-14-2009, 12:03 PM
GreyShadow GreyShadow is offline
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I received the below (excerpt) from my insurance company. I am still a bit confused as I had another person check into this through a different company and they came back with that an asset test of cohabitation means they can or cannot be on my benefits ...

Thanks again for all the input - muchly appreciated !

Yes, you can be forced to keep your spouse insured on the company group policy and the time frame (how long) should be defined in a settlement or separation agreement. And you are correct, you can only insure one spouse at a time on the group plan with (Employer). An eligible spouse is either legally married or common law for 12 months. IF you are required to cover your spouse, bound by court order/legal agreement, and you re-marry or are common law with someone else, you would be have to insure one of them through a separate plan or individual policy.
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Old 09-16-2014, 09:59 PM
gwmclean gwmclean is offline
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Does anyone have any cases to back up what is on here? Ideally I'd love to be able to provided case specifics to my ex.
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Old 09-16-2014, 10:08 PM
Serene Serene is offline
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Your gf's waiting period begins when she starts cohabitating with you. Not after your legal wife ceases to be a dependent on the insurance.

If it costs you nothing and your gf is not entitled to coverage yet - I personally would keep the wife on.

But to answer your question: do you have to keep her on your insurance? Unless there is a provision in an agreement or order that provides you must - the answer is no.
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Old 09-17-2014, 02:53 PM
stripes stripes is offline
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Check with your HR or personnel department. I think rules vary. In my case, ex and I work for the same organization. I was told I couldn't take him off my benefits until I could produce a divorce order. This was not a big issue for me, as it cost me nothing. For ex, it was a big issue because he had a new gf he wanted to put on his benefits, but couldn't do so because he couldn't take me off until he could produce documentation saying we were divorced, and he obviously couldn't have both me and his girlfriend on his benefits. So ex became very, very motivated to get the divorce done.
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