I have been separated for almost three years, my (ex) husband and I done out own separation agreement, which went through court house. Question is, he has started a new job and now has informed me that I will no longer be on his health benefits (as he said the company doesn't allow this) can the company actually make this choice. In our agreement it only said divorce or cohabit. Not sure what to do, or if he is even telling the truth. Any advise?
Question about health benefits
- Thread starter Tracy B
- Start date
He does NOT need to provide you with health benefits. His company can do anything they want with their benefit package.
standing on the sidelines
New member
He probably is telling the truth on this. Its a new job. Its all up to the companies benefit policy. Do you know what insurance company the new company deals with. If you do then you could make a general inquiry to the insurance company asking what their policy is.
Berner_Faith
New member
I agree with the above posters...while there have been times where an ex spouse is ordered to keep the other spouse on their benefits, since this is a new job, the benefit company obviously doesn't allow non spouse's to be on the benefits.
No I have no clue what insurance company it would be.
Thank you for information.
HonestLawyer
New member
Yes, your ex can be forced to keep you insured on the company group policy and the time frame (how long) should be defined in a settlement or separation agreement. An eligible spouse is either legally married or common law for 12 months. A court order/legal agreement, and you re-marry or are common law with someone else, he would have to insure one of them through a separate plan or individual policy. A judge could order your ex if he refuses.
)Now when I go to the courthouse to file, what would the legal document be to file??
Thank you for your help... Really appreciate!!
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.
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.
standing on the sidelines
New member
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 $$$.
Honestlawyer just did a cut and paste, then changed a few words in the paragraph. I think a real lawyer wouldn't have to do that so if you are thinking that you received solid legal advice, think again.
http://www.ottawadivorce.com/forum/25134-post7.html
The insurance company may only allow legally married spouses, not legally separated ones. Do more digging before heading off to file forms. You could be fighting a losing battle that will cost you $$$.
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
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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.
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.
^^^^ 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.