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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #11  
Old 04-30-2014, 07:34 AM
Toutou Toutou is offline
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Does your separation agreement say anything about health benefits? if it doesn't, then he was being really nice to you these last 3 years.

How old are you? How long were you married? Do you work? What is your argument that he should provide health benefits to you?

I am asking all of this, because in my opinion you should think twice before taking your ex to court over this. If you are not very old, if you were not married for a very long time and have no preexisting medical problems (prior to divorce) I cannot see a judge ordering him to pay for your health benefits.
The judge cannot order him to keep you on his benefits through work, because it is not available to a non spouse. He can order that he purchases health insurance for you, but it is a form of additional spousal support.

In my opinion, you need to have a really, really good argument for it.
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  #12  
Old 04-30-2014, 07:40 AM
standing on the sidelines standing on the sidelines is offline
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what does it say in your separation agreement? If it isn't spelled out then I would say you are out of luck. Its all up to the insurance company. If you will notice the poster Honestlawyer has only made one post on this forum. They may or may not be a lawyer or troll.

The insurance company may only allow legally married spouses, not legally separated ones. Do more digging before heading off to file forms. You could be fighting a losing battle that will cost you $$$.

Honestlawyer just did a cut and paste, then changed a few words in the paragraph. I think a real lawyer wouldn't have to do that so if you are thinking that you received solid legal advice, think again.
http://www.ottawadivorce.com/forum/25134-post7.html

Last edited by standing on the sidelines; 04-30-2014 at 07:58 AM.
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  #13  
Old 04-30-2014, 09:16 AM
BitHunter BitHunter is offline
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In my case the court ordered me to commit insurance fraud.
The court order says I need to keep my ex on my work insurance plan, the insurance policy says only a spouse or somebody who "acts as a spouse" is insurable.
If I got a new job likely I won't be able to put my ex on the new insurance, even if I wanted. But you are a grown up girl, divorced from your ex, get used to provide yourself with whatever you need.
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  #14  
Old 04-30-2014, 11:53 AM
stripes stripes is offline
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Quote:
Originally Posted by Toutou View Post
Does your separation agreement say anything about health benefits? if it doesn't, then he was being really nice to you these last 3 years.

How old are you? How long were you married? Do you work? What is your argument that he should provide health benefits to you?

I am asking all of this, because in my opinion you should think twice before taking your ex to court over this. If you are not very old, if you were not married for a very long time and have no preexisting medical problems (prior to divorce) I cannot see a judge ordering him to pay for your health benefits.
The judge cannot order him to keep you on his benefits through work, because it is not available to a non spouse. He can order that he purchases health insurance for you, but it is a form of additional spousal support.

In my opinion, you need to have a really, really good argument for it.
^^^^ Yup. I don't think HonestLawyer is right about this. In my case, I kept ex on my benefits while we were separated, before the divorce became final, because I couldn't be bothered notifying the insurance company to take him off. Once the divorce was final, I removed him.

If I had started a new job with new benefits during the separation, which it sounds like is what your ex did, no way would I have listed my ex as a dependent for the purposes of health benefits.

If you are in need of supplementary health insurance, I suggest you look into Blue Cross - guaranteed to be cheaper than taking your ex to court over this.
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