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Dental & Medical Premiums during Separation

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  • Dental & Medical Premiums during Separation

    Hi:


    I have been Separated from my wife for 10 months now. During this time frame my wife and I were in agreement that she would pay the Medical and Dental premiums difference from Single to Family. This way I would keep her on both of my plans.

    However now she seems to have a change of heart and still wants to be on the plans, but no longer wants to pay her portion of the premiums and actually wants me to refund her back what she has paid.


    I have gone thru the Separation Agreement and the Court order and nowhere can I find or get clarification on this matter, nor does it state anywhere that I am on the hook for the full premium cost.


    Since my ex is starting to get on my nerves I have sent her lawyer a letter asking for clarification on this matter and also if I don't receive a speedy reply that I will start the process to have my wife removed from the plans after the 1 year Separation period is over.


    I no longer have a lawyer on retainer, and do not want to start to endure more costs, that is why I am looking here for some clarification and or advice.


    Any help, clarification and or advice would be greatly appreciated. Thanks.

  • #2
    [QUOTE=Dxhound;231701]


    I have gone thru the Separation Agreement and the Court order and nowhere can I find or get clarification on this matter, nor does it state anywhere that I am on the hook for the full premium cost. [\QUOTE]


    Does it state anywhere in your agreement that she will pay a portion of the cost?



    Sent from my iPhone using Tapatalk

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    • #3
      Thanks for the reply.

      No it doesn't state anything of who pays for what.


      But I do have a email where my ex was in agreement that she would pay the difference in the plan costs from Single to Family Plans.


      Thanks

      Comment


      • #4
        Originally posted by Dxhound View Post
        Thanks for the reply.

        No it doesn't state anything of who pays for what.


        But I do have a email where my ex was in agreement that she would pay the difference in the plan costs from Single to Family Plans.


        Thanks
        Do you have kids covered under the same family policy?

        Comment


        • #5
          No children are involved.

          Comment


          • #6
            I would also check with the plan administrator to see what their policy is on covering separated spouses. It may turn out that she is ineligible and that will save you the hassles of dealing with her if they say she cannot be covered.


            If she can still be covered, then I would send a letter to her lawyer saying that due to the fact she isnt living up to her end of the agreement then you have no choice but to take her off the benefits at the end of the month.

            I would also ask that if she wants to stay on the benefits that she catches up with any payments that came out of your pocket.

            Comment


            • #7
              Thanks.


              I have spoken to the Plans Administrators and while we are still separated, that my ex can remain on the plans.


              I have sent a letter to her lawyer explaining everything that has transpired and basically trying to get clarification ref the premiums and the fact that my ex had originally agreed to paying the differences and now has had a change of heart.


              I also mentioned that if my ex wants to remain on the plans indefinitely that she will have to make remunerations to me in order to catch up. The ball is in their court and I asked for a speedy reply either way.


              Thanks for the help and assistance.

              Comment


              • #8
                The payment is so she can have medical benefits. Its a no brainer.

                Are you paying spousal?

                Comment


                • #9
                  I will answer this in reverse order.


                  Yes I am paying Spousal Support to my ex. The Dental and Medical premiums at a family rate are above and beyond the Spousal Support payments. But it is not clear if I am to foot the whole Dental and Medical Premiums.



                  The payment is so she can have medical benefits. Not sure how to take that question as she is already getting Spousal Support. So why would I have to make her premium payments, why doesn't she take it out of the Support Payments. Also after 1 year I can drop her from Dental and Medical coverage, it is basically my choice.

                  Comment


                  • #10
                    why would I have to make her premium payments, why doesn't she take it out of the Support Payments.
                    Depending on what her expenses are, it generally looks bad to cut off a spouse from benefits since the cost to you is often much less than the costs she saves. If her costs are high enough she would use it to justify higher support payments.

                    That being said, the agreement is signed. Your obligations (and rights) are set out in the agreement. Presumably the agreement says "everything still applies once we get divorced". Why not file for divorce on the anniversary of your separation since once you are divorced you cannot keep her as a beneficiary on your workplace plan anyways?

                    That would seem to be an efficient way to end the discussions and headache.

                    Comment


                    • #11
                      I understand what you are saying.



                      That being said she will shortly be getting 1/2 of my pension which for her works out to a big sum, so sympathy from me goes right out the window.


                      I like your idea of filing for divorce. Seems like the best way.

                      Comment


                      • #12
                        I thought once you are divorced then you cant have your ex on the plan anymore, I am pretty sure mine works that way.

                        Comment


                        • #13
                          Your question was about "during separation"
                          I believe that once you are divorced your ex would be responsible for her own medical insurance unless specified in the divorce agreement. Typically, as far as I know, SS at time of divorce has been negotiated/established to include medical, podiatrist, hair stylist, gym memberships etc.

                          I know that my 'indefinite' spousal support payments are intended to be all inclusive. Each agreement, however, is unique.

                          Comment


                          • #14
                            Originally posted by Dxhound View Post
                            I like your idea of filing for divorce. Seems like the best way.
                            It is the cheapest and cleanest way to do it. Just wait the year and file for divorce. Then it is out of your hands and you did it by the rules.

                            Comment

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