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  • medical health coverage for ex spouse

    Good day everyone.

    I'm been doing a fair bit of research about a certain topic and finding it hard to get a answer.

    The wife and i separated almost a year ago.

    I have kids and her on medical coverage. I told her i was taking her off and her lawyer said thats against the law. That was at the beginning of the separation.

    Now that all the separation papers are signed, the only thing on it for medical coverage is to keep my kids on coverage (joint custody, i have one, she has one). The insurance companies say it's up to my discretion to keep her on or not.

    So now I'm confused, is there an actual law saying i have to keep a ex on medical coverage until a divorce or did i get duped and can cancel her coverage now.


    I'm a past member on these forums and forgot password but old e-mail doesn't work so i just re-registered
    Last edited by turok98; 08-12-2011, 12:58 PM. Reason: addition

  • #2
    If you have an agreement that ONLY the children need to be covered, then you should be ok with removing her.

    A lot of times benefit companies will not allow you to keep a divorced spouse on the policy.

    Comment


    • #3
      You should check with your provider, if they say it's up to you then it shouldn't be a problem. Mine does not allow you to opt out of coverage for spouse or children if you have them but it's optional for me to cover an ex-spouse.

      Comment


      • #4
        Originally posted by turok98 View Post
        Good day everyone.

        I'm been doing a fair bit of research about a certain topic and finding it hard to get a answer.

        The wife and i separated almost a year ago.

        I have kids and her on medical coverage. I told her i was taking her off and her lawyer said thats against the law. That was at the beginning of the separation.

        Now that all the separation papers are signed, the only thing on it for medical coverage is to keep my kids on coverage (joint custody, i have one, she has one). The insurance companies say it's up to my discretion to keep her on or not.

        So now I'm confused, is there an actual law saying i have to keep a ex on medical coverage until a divorce or did i get duped and can cancel her coverage now.


        I'm a past member on these forums and forgot password but old e-mail doesn't work so i just re-registered
        Illegal? The only dependents (unlessed ordered to) you should provide supplemental insurance for is children. Often the family coverage is the same with a spouse on with children or just the children. So there is really no cost savings in the coverage.

        Both parents if employed and have supplemental insurance should have coverage for their children.

        You can keep an ex-spouse on your insurance but, if you are in another relationship you can't have two spouses. So, you will have to drop your spouse.

        You can technically be in a common law marriage (by definition) while living separate and apart from your wife. In that situation would it be "illegal" for you to have your common law wife insured who lives with you? Nope.

        Good Luck!
        Tayken

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        • #5
          Is there anything legal that requires you to keep a separated spouse covered? I could see my ex dragging his heels with the divorce just to continue being covered..on my dollar.

          Comment


          • #6
            Originally posted by Tayken View Post
            You can technically be in a common law marriage (by definition) while living separate and apart from your wife. In that situation would it be "illegal" for you to have your common law wife insured who lives with you? Nope.
            Sweet! Now I just need to find a commonlaw wife...teeheee!

            Comment


            • #7
              Originally posted by billiechic View Post
              Is there anything legal that requires you to keep a separated spouse covered? I could see my ex dragging his heels with the divorce just to continue being covered..on my dollar.
              Hi Billiechic,

              There is nothing I have seen that legally requires you to keep an ex-spouse on your supplemental insurance.

              There is only a few situations where I would recommend *not* removing an ex-spouse.

              1) In a situation where you are providing spousal support to the other parent and there is no other common law spouse involved.

              2) If the spouse you are not living with anymore has a major medical condition that requires the insurance and they have no means to get supplemental insurance. This may be seen as "mean" by the courts. For example if your ex-spouse had to pay a lot for medications each month. Again, this would be if there is no other common law spouse involved.

              There is no reason to the court that you shouldn't be happy and in another relationship. Like all things separation and divorce is about removing the dependencies each parent has on each other. Even financial ones.

              The parent child relationship doesn't end. That is why "child support" exists as it is a "right of the child" and not the other parent.

              Spousal support is best summarized by the great Justice Quinn in Bruni V. Bruni in Paragraph 158 of the decision:

              I come now to the issue of spousal support, historically the roulette of family law (blindfolds, darts and Ouija boards being optional).

              CanLII - 2010 ONSC 6568 (CanLII)

              Yes, this is a real Judge sitting in Ontario. Probably one of the best out there too. Doesn't hold any punches.

              Good luck!
              Tayken



              Comment


              • #8
                Originally posted by billiechic View Post
                Sweet! Now I just need to find a commonlaw wife...teeheee!

                My apologies. I always try to keep things gender neutral. My mistake.

                But, saying that there is no reason you couldn't find a same sex common law partner.

                Good Luck!
                Tayken

                Comment


                • #9
                  Originally posted by Tayken View Post
                  If the spouse you are not living with anymore has a major medical condition that requires the insurance and they have no means to get supplemental insurance. This may be seen as "mean" by the courts. For example if your ex-spouse had to pay a lot for medications each month. Again, this would be if there is no other common law spouse involved.
                  This is pretty much my situation, actually. My health benefits don't cost me a premium, so it's to my ex's advantage to stay on to cover his somewhat costly medications. I figured I'd leave him on till we were completely divorced, and then I think my plan would automatically remove him.

                  But for the last year, he hasn't given me any receipts! I think it's a pride thing, or laziness, or maybe he's anticipating being removed from the coverage and getting used to paying himself, I don't know.

                  I don't want to nag him for them, as I used to have to do when we were together, but I don't understand why he wouldn't want to get reimbursed now that money is tighter for him. It's a not insignificant amount.

                  Comment


                  • #10
                    Originally posted by Rioe View Post
                    This is pretty much my situation, actually. My health benefits don't cost me a premium, so it's to my ex's advantage to stay on to cover his somewhat costly medications. I figured I'd leave him on till we were completely divorced, and then I think my plan would automatically remove him.

                    But for the last year, he hasn't given me any receipts! I think it's a pride thing, or laziness, or maybe he's anticipating being removed from the coverage and getting used to paying himself, I don't know.

                    I don't want to nag him for them, as I used to have to do when we were together, but I don't understand why he wouldn't want to get reimbursed now that money is tighter for him. It's a not insignificant amount.
                    Your plan probably won't force you to remove your ex-spouse as long as you don't get remarried or take a common law partner who you want to put on the plan.

                    If it doesn't cost you anything I wouldn't worry about it. There is a time limit for the submission of receipts. So, if your spouse isn't giving them to you I wouldn't worry about it. It is their responsibility to notify you.

                    Good Luck!
                    Tayken

                    Comment


                    • #11
                      I separated in Dec of this year and my STBX's lawyer said I had to keep him on...no law in my insurance says I did have to...so I took him off.

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                      • #12
                        Medical Health Coverage

                        I have read all the comments in this thread and just want to verify the legalities of keeping my ex on my health coverage. I realize that somebody said they have not seen any legal information on this, but wondering if anybody else know's of anything that could force me to keep my ex on my health coverage.

                        We had been married for 9 years, separated in 2010. We are not legally divorced and we do not have any signed separation agreement. He is now by law considered to be in a common law relationship (though only his girlfriend will admit to this, he refuses to answer me when I asked him directly about it) and I want to take him off my health coverage which I have through my employer.

                        Is there any way he can force me to keep him covered until we are legally divorced? Am I breaking any kind of law by removing him from my insurance?

                        Comment


                        • #13
                          Something to consider is what are the pros/cons of doing s o?

                          If there is no impact to you to keep him on there, then I'd suggest just leaving him on there. Unless you have a reason to remove him, like you have a new partner that you'd like to add instead, if there is no cost to you then it will likely just be seen as a spiteful, unnecessary move.

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                          • #14
                            Other then trying to cut off all ties outside our 1 child together, the main reason why is because I have another partner that I want to add to my insurance... I just want to ensure that there is no way he can force me to keep him on rather then me moving forward to put my current boyfriend on my insurance

                            Comment


                            • #15
                              You each have new partners, give him 30 days notice and have him removed so that he may make other arrangements and not lose coverage completely, which would be a rude surprise if he found out unexpectedly at a medical appointment or on picking up prescriptions.

                              Comment

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