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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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  #11  
Old 03-03-2013, 12:48 PM
dinkyface dinkyface is offline
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Why not just inform GWL of your new marital status (to avoid possible insurance fraud charges in future), but tell them you are not making any other changes i.e. want to keep her and the kids on your plan.

i.e. if you don't want to make any changes, then don't start talking to them about changes.

If they come back and say NO, then you can start talking with them about options about how to make it happen.

Last edited by dinkyface; 03-03-2013 at 12:54 PM.
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  #12  
Old 03-03-2013, 12:55 PM
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Leviathan Leviathan is offline
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Quote:
Originally Posted by dinkyface View Post
Why not just inform GWL of your new marital status (to avoid possible insurance fraud charges in future), but tell them you are not making any other changes i.e. want to keep her and the kids on your plan.

i.e. if you don't want to make any changes, then don't start talking to them about changes.

If they come back and say NO, then you can start talking with them about options about how to make it happen.

yeaaaa...I thought of that Dinky, but isn't that like almost border line fraud??

you're saying just leave it the way it is or actually head over to my plan administrator here in the HR dept and let them know we've separated??

I'd be surprised if GWL says oh that's ok...

the STBX's lawyer has stated she wants to see what (if any) option I have with keeping the STBX on my plan...basically she's asked for proof in writing from GWL's policy under my plan.

it's all a load of S**T really!!...hence the thread title!!
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  #13  
Old 03-03-2013, 12:57 PM
HappyDays HappyDays is offline
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I would definitely speak to your own lawyer first, as well as HR and insurance.

Length of CL/marriage might have something to do with it...

I just read some case laws on canlii that dealt with cl and health benefits. They had to find out what a similar benefits plan would cost (which was $150/mth for them). Then the father was ordered to keep his ex-cl on his benefits for as long as he has access to the benefits, or he could pay her the $150/mth.
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  #14  
Old 03-03-2013, 12:58 PM
standing on the sidelines standing on the sidelines is offline
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Quote:
Originally Posted by Leviathan View Post
yeaaaa...I thought of that Dinky, but isn't that like almost border line fraud??

you're saying just leave it the way it is or actually head over to my plan administrator here in the HR dept and let them know we've separated??

I'd be surprised if GWL says oh that's ok...

the STBX's lawyer has stated she wants to see what (if any) option I have with keeping the STBX on my plan...basically she's asked for proof in writing from GWL's policy under my plan.

it's all a load of S**T really!!...hence the thread title!!
best idea. That way you can get them to give you something in writing to give to STBX. Best to cover your ass.
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  #15  
Old 03-03-2013, 12:59 PM
dinkyface dinkyface is offline
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No, I don't think there's any problem at all. As long as you have proof you have informed them of the new situation. Which you will have, once they email you have confirming (or not) that they can do it.
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  #16  
Old 03-03-2013, 01:35 PM
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If you continue providing the STBX with benefits then this is actually a form of spousal support. You would be admitting some level of entitlement.

I suspect the stbx's lawyer is trying to persuade you to do this so that there is a better chance for spousal support.

You are under no obligation to support your ex in any way, unless and until they prove entitlement to support. Be very careful about agreeing to pay any of your ex's personal expenses.

If you are willing to accept a role of in loco parentis, then by all means keep the child on the benefits. If you are fulfilling this role than you should also have access visits. If the child doesn't agree with this, then it's hard to argue that you are seen as a parental figure. Don't be harsh, but feel this out and think it over.
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  #17  
Old 03-03-2013, 01:36 PM
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Also keep in mind that you may only have one spouse on your benefits package. If and when you start a new relationship, what happens then? There are ways around it, but you should certainly inform your provider about the situation.
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  #18  
Old 03-03-2013, 01:40 PM
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Quote:
Originally Posted by HappyDays View Post
I would definitely speak to your own lawyer first, as well as HR and insurance.

Length of CL/marriage might have something to do with it...

I just read some case laws on canlii that dealt with cl and health benefits. They had to find out what a similar benefits plan would cost (which was $150/mth for them). Then the father was ordered to keep his ex-cl on his benefits for as long as he has access to the benefits, or he could pay her the $150/mth.

hey happydays...yea shortly after we separated and I had a change of address, my lawyer suggested I contact GWL to confirm whether or not they'd still cover her...cuz apparently after I moved out, there's a 30 day timelimit of alerting the health care provider about the change of status??

I contacted my HR dept (one of the girls here) and she basically stated I could leave her on until a final decision is made (court decision) and everything is final??...not sure how true all that is..

basically I've left her on the plan until we get this all settled.

man!!...talk about confusion though!!...SH****TTTTT!!
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  #19  
Old 03-03-2013, 01:53 PM
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Quote:
Originally Posted by Mess View Post
Also keep in mind that you may only have one spouse on your benefits package. If and when you start a new relationship, what happens then? There are ways around it, but you should certainly inform your provider about the situation.
hey thanks Mess...I agree with the one "spouse" on the benefits package..for a limited time..I mean I'm not planning on covering her for a lifetime..we wer CL for 11 years..


..I'm leaning away from the "flash and cash" type of gal and looking for a more educated type of woman to be honest..hopefully one that already has her S**T together and doesn't need a man to come in take over the position of the original bio dad (and I totaly mean that in a nice way really)..I'm to blame too...my bad for not seeing what she was after since day one (my $$ and the fact I have health benefits for her and her kids)..

i know it's kinda rude and mean to say, but seriously..seeing this now..thats all she's really concerned about?? health benefits for her..(well of course SS tool...hey...why not...let's get some free cash outta him, right??)


this is my 2nd CL (both fairly long relationships)..still paying CS to the 1st EX (although the kids are biologically mine)..luckily she was alright with no SS.
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  #20  
Old 03-03-2013, 03:03 PM
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Quote:
Originally Posted by Mess View Post
If you continue providing the STBX with benefits then this is actually a form of spousal support. You would be admitting some level of entitlement.

Exactly what I had hoped for but I'm hearing conflicting stories from others

I suspect the stbx's lawyer is trying to persuade you to do this so that there is a better chance for spousal support.

The impression I'm getting from the STBX'S lawyer is IF I'm unable to keep the STBX on my health plan (and she's already stated this in the 4-way meeting we had a few weeks back) she's going to go after full SS acording to the divorcemate guidelines.

You are under no obligation to support your ex in any way, unless and until they prove entitlement to support. Be very careful about agreeing to pay any of your ex's personal expenses.

I've also been told that if I take the STBX off the plan before case conference or settlement meeting, this could be viewed as being negative and malicious.

If you are willing to accept a role of in loco parentis, then by all means keep the child on the benefits. If you are fulfilling this role than you should also have access visits. If the child doesn't agree with this, then it's hard to argue that you are seen as a parental figure. Don't be harsh, but feel this out and think it over.
the child in question is a 17 year old female (18 years old by the end of this month) who (in my mind) wouldn't want to really hang out with her mom's ex BF..know what I'm saying Mess??...I mean yes we get along but with her allegiance to her mother

.If she was asked in court if she'd like to have visitation with me, I'm willing to bet she'd say no, just to keep the peace in the house with her mother...I can totally understand this and wouldn't want to make the child feel uncomfortable.


it's a confusing and somewhat different case I have here
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