MoOnBaBy
recently joined
Reged: 04/15/10
Posts: 4
|
|
In our MSA which was finalized in the final divorce decree it states under section "3 MEDICAL INSURANCE:
GENERAL: The Husband shall maintain major medical and hospitalization insurance for the benefit of the Wife.
TERMINATION: The Insurance for the benefit of the Wife shall be terminated upon either the remarriage of the Wife or the acceptance of the Wife of coverage under another health insurance plan."
I have COBRA through his employer currently and my question is does the above mean he is supposed to be paying for it?
TIA!
|
gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30378
|
|
I would think since you have it available, you are required to buy it.
--------------------
Why give a "senior" discount, they have had plenty of time to raise the money...
|
Renny
addict
Reged: 09/24/11
Posts: 479
|
|
It's a poorly drafted clause. I'd say you have to buy your own medical coverage if its reasonably available to you after cobra expires. If there's a dispute, this is the kind of clause you wind up court over. you might ask whoever drafted it what they intended just to get an opinion.
|
Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2019
|
|
I would say that he's supposed to pay for it since it stems from his insurance policy. You really are better off consulting with an attorney in your area, you may need to go to court to get clarification of what was ordered.
|
buckwheat
journeyman
Reged: 10/09/11
Posts: 86
|
|
To me it reads until you change companys then he no longer pays. I dont understand not having a time frame for him to pay, he shouldnt be required to provide for you indefinitely.
In my case I agreed to provide health insurance for 5 years, whether mine or a new policy. Got lucky, that the company allowed us to write her an individual policy with no changes from the get go, of course at 5 yrs I no longer have to pay.
Im with other posters, thats poorly worded. I dont know if you can change it or not, but when your COBRA runs out, to me he no longer has to pay.
Good Luck
|
hanzblinx
enthusiast
Reged: 08/13/10
Posts: 380
|
|
If he is ordered to buy insurance after cobra expires, expect it to be the cheapest insurance on earth. You are better off just getting a job and being independent. There is a book called "the little engine that could" I suggest you read it to help build your courage, to be a strong self reliant woman.
|
MoOnBaBy
recently joined
Reged: 04/15/10
Posts: 4
|
|
[quote]If he is ordered to buy insurance after cobra expires, expect it to be the cheapest insurance on earth. You are better off just getting a job and being independent. There is a book called "the little engine that could" I suggest you read it to help build your courage, to be a strong self reliant woman. [/quote]
Ok I wasn't going to reply personally beyond my original question but this just insults me. I'll have you know until we got divorced I ALWAYS made more money than HIM, not much mind you. But I AM a self-reliant woman thank you very much. He has threatened me with things and to date has not paid a dime towards my COBRA so I was just wondering if this was something I could use against his threats legally. Until his threats it had not even occurred to me the way it was worded implied he SHOULD be paying. The rest of the story is really nobodys business, but I do thank the other posters for their insight without being judgemental and ASSuming I was just another leaching woman when in fact it is the other way round.
|
d2njti
member
Reged: 03/05/08
Posts: 187
|
|
Moon took the bait. Let's see if Hanz keeps her on the line.
|
gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30378
|
|
The order states that he is to provide insurance for you until you provide insurance for yourself.
Now, that can be interpreted one of two ways.
1. He provides insurance until you have insurance AVAILABLE.
2. He provides insurance until you CHOOSE to buy insurance on your own.
Now, any REALISTIC person sees that the intent was number one. It's purpose is to protect a person who does not have insurance available, or was not working, to not become UNCOVERED, and have the opportunity to seek employment or something which gives them coverage. Now I can see it being REASONABLEY available, in other words, EVERYONE has insurance available to them, if they have enough money. But reasonable employer partially funded healthcare can take a few months to a year to find.
But if you are working and your employer offers healthcare, you should not be able to continue to charge him because you are CHOOSING not to purchase it. That is cheating, and I think you, as a reasonable person, see that.
--------------------
Why give a "senior" discount, they have had plenty of time to raise the money...
|
Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2019
|
|
You said:
The order states that he is to provide insurance for you until you provide insurance for yourself.
My response:
Here is what the order states, from her first post:
GENERAL: The Husband shall maintain major medical and hospitalization insurance for the benefit of the Wife.
TERMINATION: The Insurance for the benefit of the Wife shall be terminated upon either the remarriage of the Wife or the acceptance of the Wife of coverage under another health insurance plan."
You said:
Now, that can be interpreted one of two ways.
My response:
Not really. What is in question is what happens when COBRA runs out.
You said:
1. He provides insurance until you have insurance AVAILABLE.
My response:
Again, from her first post:
GENERAL: The Husband shall maintain major medical and hospitalization insurance for the benefit of the Wife.
TERMINATION: The Insurance for the benefit of the Wife shall be terminated upon either the remarriage of the Wife or the acceptance of the Wife of coverage under another health insurance plan."
No where does it state AVAILABLE. It states upon remarriage or the ACCEPTANCE of wife. Now if she were to go out and get another insurance plan, that would be ACCEPTING another insurance plan.
The only question here is what happens if COBRA runs out and her ex refuses to get insurance for her. She will then have to go out and get it for herself. Which could be viewed as ACCEPTING another insurance plan, even though it was the actions of her ex that led to that.
You said:
2. He provides insurance until you CHOOSE to buy insurance on your own.
My response:
Or gets remarried. Again, there is the question of what happens when COBRA runs out.
You said:
Now, any REALISTIC person sees that the intent was number one.
My response:
Any REALISTIC person wouldn't try to put a spin and add words that simply were not in the order. No where did what she posted of the order say the word AVAILABLE.
You said:
But if you are working and your employer offers healthcare, you should not be able to continue to charge him because you are CHOOSING not to purchase it. That is cheating, and I think you, as a reasonable person, see that.
My response:
No, that would not be cheating. Nowhere below does it say that she HAS to accept other insurance:
GENERAL: The Husband shall maintain major medical and hospitalization insurance for the benefit of the Wife.
TERMINATION: The Insurance for the benefit of the Wife shall be terminated upon either the remarriage of the Wife or the acceptance of the Wife of coverage under another health insurance plan."
The only question here is what happens when COBRA runs out.
|
Previous
Index
Next
Threaded
Edit
Reply
Quote
