QUESTION
Can I put a stipulation in my divorce papers saying I have to pay my wife’s health care and car insurance for two years after divorce?
Asked on Dec 10th, 2012 on Divorce - California
More details to this question:
I am a municipal / city employee and is it fraud to be divorced and keep her on my plan, due to divorce agreement?
9 ANSWERS
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Speak with an attorney in your area about this.
Answered on Apr 26th, 2013 at 4:54 AM
Although you can agree to pay for your wife's coverage after the divorce (e.g. COBRA or private coverage), you cannot continue to cover her as a dependent on your health insurance plan unless the plan itself provides a specific exception for the situation. If you do not notify the employer that you are divorced, or if you lead them to believe you are still married, this would be fraud. With respect to the car insurance, you can agree to cover the cost of her premiums, but it is up to the insurer as to whether you can continue a combined policy or whether she would have to have a separate policy. If your wife has health issues that might prevent her from obtaining health insurance coverage after she is removed from your policy, you might consider whether it is appropriate to proceed with legal separation instead of divorce. This is not a "typical" way to proceed (e.g. legal separation is not just a step on the way to a divorce), but most employers will allow you to continue to provide health insurance coverage for a legally separated spouse. If you are legally separated, you are still considered "married", so neither of you could remarry unless you actually get divorced in the future (e.g. in your case, after the two years for which you are considering providing coverage), but the legal separation would still result in the entry of orders dividing the marital property/debts, and for the custody/parenting time/etc. if you have children. I recommend you consult with an attorney to determine your best course of action.
Answered on Dec 14th, 2012 at 12:23 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Check with your plan. They may not permit you to keep her on. If not, buy her a separate policy, if you have a high deductible it may be cheaper.
Answered on Dec 13th, 2012 at 11:29 PM
The general rule in California law is that a person cannot cover another under his/her health insurance unless that person is a dependent. Once your divorce is final your wife will no longer be a "dependent" in the eyes of the law. You might talk to your human resources or personnel department to see if they would be willing to carve out an exception to cover your wife. Your wife also has health insurance conversion benefits which you might volunteer to pay for a given period of time. That way you can final your divorce and your wife can still have health insurance coverage without violating the law. Again, however, please talk to your HR or personnel office before taking any action.
Answered on Dec 13th, 2012 at 9:36 PM
You must report that you are divorced and the insurance plan will most likely terminate her but also offer to COBRA coverage.
Answered on Dec 13th, 2012 at 9:23 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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If your plan only covers a spouse, lying about whether you have a spouse is probably considered fraud regardless of what you divorce agreement says.
Answered on Dec 13th, 2012 at 9:18 PM
You could so stipulate only if your health insurance plan allows you to keep an ex on your health insurance plan. If it does not, then claiming a spouse benefit when you have no spouse would be fraud. The car insurance should be no problem.
Answered on Dec 13th, 2012 at 9:05 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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What you are divorced she is no longer your spouse and therefore is not eligible for a continuation of coverage under your policy. If you choose to attempt not to inform your insurer that it is indeed a fraud. If on the other hand, you have not informed the carrier what they will do is deny her coverage for whatever claimed she might be seeking to make. Don't even think it.
Answered on Dec 13th, 2012 at 8:59 PM
Trial Practice Attorney serving San Rafael, CA
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Law Offices of Paul H. Nathan
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You can stipulate to whatever you'd like to in your settlement agreement as long as you're not stipulating to an illegal act. Yes, you can stipulate (agree) to provide your health care and car insurance.
Answered on Dec 13th, 2012 at 8:55 PM