Having been separated for almost 2 years without any progress towards a signed separation agreement, it seems we are headed to court. I want to negotiate and sort out the finances, etc, he does not. I have a new common law partner and want to move on with life as 'normal' as possible. I know the whole court process can take another 1-2 years and I suspect my STB ex is content stalling as long as he can just out of bitterness. SO...I would like to file for divorce anyways and separate the collateral issues from a simple divorce. No child issues on custody or access, etc.
The questions I have is to do with meeting the requirements that a judge would grant the divorce (knowing the other non-child related issues will be sorted out after the fact).
1) Health benefits. We have 2 kids, one with my ex and the other away in university. I am and have been voluntarily paying table child support and covering bills that equal mid range table spousal support. I have him and the kids on my plan, myself and the kids on mine AND my partner's extended health care benefits, they are covered. I want to cancel my own health plan altogether as the premiums I pay are very high and my partner's plan is equal or better with 1/10th the cost. Myself and the kids would remain covered, my ex would not (obviously). He has no serious health issues, not even an ongoing prescription or need for glasses (currently)...just usual dental stuff, etc. Considering I pay mid range spousal ($200) and the health premiums to keep my plan are additionally over $100/month, can I either just drop the plan and offer high range spousal instead, or am I reasonable to just cancel the expensive plan period and let him sort it out? I assume this issue needs sorting out to prevent an objection to my divorce application...
2) Supplementary Death Benefit insurance. One issue we have not settled is the division of my pension. Once we are divorced he will not be entitled to this benefit so I anticipate some objection here as well. I do have a life insurance policy (named to the kids) I can alter beneficiary amounts to cover this in the interim until the sep agreement is done (or court). Any thoughts if this would cover my responsibility to a judge in granting the divorce?
Moving on and removing some of the 'power' my ex thinks he holds over my life is my purpose here. I really feel his bitterness is blinding him to the extent he can't see the mutual benefit of closure. I'm hoping an official Divorce decree will move him forward...
Any experience or recommendations here would greatly be appreciated!
The questions I have is to do with meeting the requirements that a judge would grant the divorce (knowing the other non-child related issues will be sorted out after the fact).
1) Health benefits. We have 2 kids, one with my ex and the other away in university. I am and have been voluntarily paying table child support and covering bills that equal mid range table spousal support. I have him and the kids on my plan, myself and the kids on mine AND my partner's extended health care benefits, they are covered. I want to cancel my own health plan altogether as the premiums I pay are very high and my partner's plan is equal or better with 1/10th the cost. Myself and the kids would remain covered, my ex would not (obviously). He has no serious health issues, not even an ongoing prescription or need for glasses (currently)...just usual dental stuff, etc. Considering I pay mid range spousal ($200) and the health premiums to keep my plan are additionally over $100/month, can I either just drop the plan and offer high range spousal instead, or am I reasonable to just cancel the expensive plan period and let him sort it out? I assume this issue needs sorting out to prevent an objection to my divorce application...
2) Supplementary Death Benefit insurance. One issue we have not settled is the division of my pension. Once we are divorced he will not be entitled to this benefit so I anticipate some objection here as well. I do have a life insurance policy (named to the kids) I can alter beneficiary amounts to cover this in the interim until the sep agreement is done (or court). Any thoughts if this would cover my responsibility to a judge in granting the divorce?
Moving on and removing some of the 'power' my ex thinks he holds over my life is my purpose here. I really feel his bitterness is blinding him to the extent he can't see the mutual benefit of closure. I'm hoping an official Divorce decree will move him forward...
Any experience or recommendations here would greatly be appreciated!
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