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ex wife to stay on employer health plan and receive cash from ex husband
Benefits & Compensation
ex wife to stay on employer health plan and receive cash from ex husband
Exchange ideas about health plans, retirement, work/life benefits, and employee assistance.
Employee (wife) going through divorce is on the company's health plan. Divorce agreement states that husband will carry health insurance for ex-wife and dependents January 1st.
Employee tells us t
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ex wife to stay on employer health plan and receive cash from ex husband
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ex wife to stay on employer health plan and receive cash from ex husband
posted at 12/21/2010 8:39 AM EST
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Posts: 20
First: 10/5/2006 Last: 12/29/2010 |
Employee (wife) going through divorce is on the company's health plan. Divorce agreement states that husband will carry health insurance for ex-wife and dependents January 1st.
Employee tells us that she has worked out an agreement with her soon to be exhusband that he pay $150/month to her if she stays on our plan vs. going onto his plan. He will carry insurance for the children. Can she do this outside the divorce agreement or should we tell her that she has to go onto her ex-husband's plan effective January 1st? Thanks for any help. |
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ex wife to stay on employer health plan and receive cash from ex husband
posted at 12/21/2010 9:16 AM EST
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
I don't think you can simply force the wife off your health plan simply because the husband is required to carry her. The only alternative I see would be for her to decline your coverage and be added to his.
Check your summary plan description. So long as she qualifies for the insurance per the SPD, you need to carry her. |
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ex wife to stay on employer health plan and receive cash from ex husband
posted at 12/21/2010 9:37 AM EST
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Agree with Nork. There however WOULD be a difference if the spouse were the employee and ex-spouses were not eligible. But since she is the employee, if she meets the eligibility criteria (usually service/hours), then you can NOT force her out of the plan just because someone else is required to cover her. She could actually choose to be double covered. |
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ex wife to stay on employer health plan and receive cash from ex husband
posted at 12/23/2010 5:35 AM EST
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Posts: 1047
First: 4/11/2002 Last: 9/14/2011 |
Also keep in mind, that if the 2 are divorced, she's not going to be an eligible dependent under his plan. The dependent children would be fine, however, he would have to buy her an individual policy. |
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ex wife to stay on employer health plan and receive cash from ex husband
posted at 12/25/2010 3:48 AM EST
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
DocHr-You cannot and should not take any action so as to be a part of this issue. There are other potential complications that can (and likely will) happen in the future. Things like:
* he stops making payments * he drops the children * he loses his job * she leaves or is terminated Each of these complications will require that you strictly follow the Cobra and Plan rules. It does not matter what the Divorce degree says, your plan rules and ERISA regulations are the only rules you must follow. Doing anything else will get you in real trouble. |
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ex wife to stay on employer health plan and receive cash from ex husband
posted at 12/26/2010 1:11 PM EST
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Posts: 1047
First: 4/11/2002 Last: 9/14/2011 |
The plan document doesn't care what the separation agreement says. The spouse would no longer be an eligible dependent under the plan. QMSCO's (dealing with children) are a different story. As long as she stays on her plan, she's fine. But he cannot cover her under his plan. |
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