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  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law > Common Law Issues

Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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  #1  
Old 12-31-2012, 01:50 PM
Necromancer Necromancer is offline
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Default commonlaw ex and work health benefits

Hi...Can a judge order me to place my commonlaw ex gf back onto my work health benefits??

I work and live in Ontario
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Old 12-31-2012, 03:14 PM
standing on the sidelines standing on the sidelines is offline
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Quote:
Originally Posted by Necromancer View Post
Hi...Can a judge order me to place my commonlaw ex gf back onto my work health benefits??

I work and live in Ontario
Before you worry what a judge may do, contact your work health benefit provider and see what their rules are. They may not allow you to keep her on considering you were not married and you are no longer together. Plus getting it in writing that way if it comes up you can say there is nothing I can do about it, its against the benefit providers policy.

Last edited by standing on the sidelines; 12-31-2012 at 03:18 PM.
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Old 12-31-2012, 03:18 PM
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Originally Posted by standing on the sidelines View Post
Before you worry what a judge may do, contact your work health benefit provider and see what their rules are. They may not allow you to keep her on considering you were not married and you are no longer together.
Good point SOTS.

To further this point the insurance provider is a third party to the matters before the court. The justice in the matter cannot order a party to conduct business against their stated policy. To do so the justice would have to order them as a party to the case in the proceeding so they can defend their policy and business practices and bring their lawyer to represent them in the matter.

I second SOTSL advice to review the matter with the insurance provider and to get a clear understanding of what their policy is regarding common law and separation issues in the immediate to get a better understanding.

The policy of your insurance provider is what you should investigate first.

Good Luck!
Tayken
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Old 12-31-2012, 03:46 PM
Necromancer Necromancer is offline
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Quote:
Originally Posted by Tayken View Post
Good point SOTS.

To further this point the insurance provider is a third party to the matters before the court. The justice in the matter cannot order a party to conduct business against their stated policy. To do so the justice would have to order them as a party to the case in the proceeding so they can defend their policy and business practices and bring their lawyer to represent them in the matter.

I second SOTSL advice to review the matter with the insurance provider and to get a clear understanding of what their policy is regarding common law and separation issues in the immediate to get a better understanding.

The policy of your insurance provider is what you should investigate first.

Good Luck!
Tayken

so basically what I'm getting here is the judge can take in her medical expenses and factor it into my spousal support??..

even though when we met, she had NO health benefits at all prior to my arrival...
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Old 12-31-2012, 04:45 PM
Necromancer Necromancer is offline
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I've already taken the ex and her daughter off my work health benefits..It was a suggestion brought up by my lawyer (again she claimed I would be boardering insurance fraud).

I'm wondering (after checking with my insurance company) if I'm able to offer my health benefits once again during our mediation,
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Old 12-31-2012, 05:04 PM
firhill firhill is offline
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As others said, read the policy.

I know my Dad (legally) kept my mom on his supplementary insurance policy for the eight years between their separation and divorce.
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Old 01-01-2013, 08:58 AM
Necromancer Necromancer is offline
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hey firhil...thanks for that...again I guess I'll have to discuss with my insurance company 1st (how does one ask that question??)..any idea what the insurance company was??...was he slef employeed or was it through his company??
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Old 01-01-2013, 09:56 AM
Moolight Moolight is offline
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I had to keep my ex under my coverage till the divorce but since you are not married that does not appy in your case.

You have to contact your insurance as it may differ but the norm is that:

The member's spouse or common-law partner ceases to be covered as a dependant under the Public Service Dental Care Plan (DCP) on the date of:
  1. | his divorce;
  2. | his death;
  3. | cessation of common-law relationship (separation);
  4. | cessation of member's coverage (refer to Section IAM 5.6.1).
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Old 01-01-2013, 12:42 PM
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Quote:
Originally Posted by Necromancer View Post
hey firhil...thanks for that...again I guess I'll have to discuss with my insurance company 1st (how does one ask that question??)..any idea what the insurance company was??...was he slef employeed or was it through his company??
He worked for Canada Post...Great West Life was the Ins. Co.
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Old 10-08-2013, 06:11 PM
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Just going over this as I had the exact question. Very informative.
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