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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

posted at 12/28/2010 2:21 AM EST
Posts: 20
First: 10/5/2006
Last: 12/29/2010
Thanks for all the advice. Although our plan would not be covering the "ex-spouse" (husband); I did check our HMO Plan document and dependent eligiblity does include "the former spouse of the subscriber, until either the subscriber or the former spouse remarries, unless the divorce judgement specifically states otherwise."

Yes, I agree that as the employer we would not get involved in any "money exchange" for the two involved. The employee (wife) would stay on our plan as an eligible participant.

ex wife to stay on employer health plan and receive cash from ex husband

posted at 12/28/2010 2:38 AM EST
Posts: 20
First: 10/5/2006
Last: 12/29/2010
Just reposting all of the language regarding coverage of ex-spouse according to our Plan:

The former spouse of the Subscriber, until either the Subscriber or the former spouse remarries oruntil the divorce judgment between them no longer requires the Subscriber to provide health
coverage to the former spouse, whichever comes first. (Please note: After the remarriage of the Subscriber, a former spouse may continue coverage through an individual contract, if the
provision of such coverage is (1) required by
the divorce judgment and (2) the applicable
premium for such coverage is paid to "Insurance Company".
There is no coverage for the former spouse after he or she remarries.

ex wife to stay on employer health plan and receive cash from ex husband

posted at 12/28/2010 12:24 PM EST
Posts: 1047
First: 4/11/2002
Last: 9/14/2011
That's a first. What insurance carrier do you have? City/State?

ex wife to stay on employer health plan and receive cash from ex husband

posted at 12/28/2010 2:54 PM EST
Posts: 20
First: 10/5/2006
Last: 12/29/2010
Massachusetts...and most of the plans I've worked with are similiar.

This one happens to be Harvard Pilgrim Healthcare.

ex wife to stay on employer health plan and receive cash from ex husband

posted at 12/28/2010 3:53 PM EST
Posts: 562
First: 11/12/2009
Last: 9/14/2011
The language in both the divorce decree and your plan suggest that this is a state requirement.

ex wife to stay on employer health plan and receive cash from ex husband

posted at 12/29/2010 3:27 AM EST
Posts: 20
First: 10/5/2006
Last: 12/29/2010
Nork,
Correct ~ link below if interested in MA General Law on this section:

http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXXII/Chapter175/Section110I

ex wife to stay on employer health plan and receive cash from ex husband

posted at 12/29/2010 4:11 AM EST
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
And dont' forget that pesky federal law -- COBRA -- would come into play when the spouse or ex-spouse, in this case, loses eligibility.

So it does sound like MA has very generous health eligibility benefits for ex-spouses -- moreso than most other states. I do have one question though (just for curiousity sake)...is this benefit federally taxable since this person is no longer an IRS defined tax dependent (much like a domestic partner) that is still being covered?

ex wife to stay on employer health plan and receive cash from ex husband

posted at 12/29/2010 5:28 AM EST
Posts: 20
First: 10/5/2006
Last: 12/29/2010
You're right rrupert re:generous MA health care coverage(don't forget we were the first to mandate health insurance!),COBRA & federal tax implications, although I'm wondering how many employers follow the inputed income rule consistently.
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