NJSBA Family Law Section

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  • 1.  Divorce from bed & board (divorce a mensa et thoro)

    Posted 03-07-2014 02:13 PM
    What has everyone's experiences been of late regarding challenges to continued health insurance for a dependent (i.e., non-employee) spouse post-divorce from bed and board?

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    Gary L. Borger, Esquire
    BorgerMatez
    1415 Marlton Pike East, Suite 305
    Cherry Hill, NJ 08034-2210
    (856) 424-3444
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  • 2.  RE:Divorce from bed & board (divorce a mensa et thoro)

    Posted 03-07-2014 02:15 PM
    You need to check with the carrier (or HR) because they are all different.

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    Mark Gruber Esq.
    Hopatcong NJ
    (973)398-7500

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    Original Message


  • 3.  RE:Divorce from bed & board (divorce a mensa et thoro)

    Posted 03-07-2014 02:22 PM
    There is no safe way of doing this. I have never known a carrier to warrant, in writing, that they will honor claims going forward with the Bed and Board arrangement, no matter what.

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    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Brielle NJ
    (732)603-8585

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    Original Message


  • 4.  RE:Divorce from bed & board (divorce a mensa et thoro)

    Posted 03-07-2014 02:43 PM
    Curtis makes a good point - there are no guarantees that the insurer will cover the spouse as they are now saying. My client is willing to go for the Bed & Board divorce because if the health insurer should go back on their statement that they will cover the spouse, conversion to absolute divorce is simple, and the situation is no different from it would be if the insurer denied coverage in the first place. A settlement with two alternate scenarios may be needed.
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    C. Megan Oltman Esq.
    Princeton NJ
    (609)947-0784

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    Original Message


  • 5.  RE:Divorce from bed & board (divorce a mensa et thoro)

    Posted 03-07-2014 02:37 PM
    I just (last week) had a client research this with his health insurance company - Horizon said they will recognize a divorce from bed & board and continue to cover the spouse. Some time in the past year I had a different insurance company say no.

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    C. Megan Oltman Esq.
    Princeton NJ
    (609)947-0784

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    Original Message


  • 6.  RE:Divorce from bed & board (divorce a mensa et thoro)

    Posted 03-07-2014 02:44 PM
    Just be careful that you have the written representation from high enough up in the organization to bind them, and that their warranty is not just currently, but for as long as the policy remains otherwise in effect.

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    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Brielle NJ
    (732)603-8585

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    Original Message


  • 7.  RE:Divorce from bed & board (divorce a mensa et thoro)

    Posted 03-07-2014 07:00 PM
    No changes I'm aware of since the topic last discussed here - roughly a year ago: 

    http://community.njsba.com/communities/alldiscussions/message/?MID=6433



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    David Perry Davis, Esq.
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax: 609-737-3222
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  • 8.  RE:Divorce from bed & board (divorce a mensa et thoro)

    Posted 03-08-2014 02:52 PM
    That reply and link, BTW, were in reference to a STATE health insurance plan (actually, the particular research and email I copied over was in reference to a PFRS retiree maintaining health insurance).  For private policies, as has been said before - get a copy of the policy itself.  Don't call human resources as they usually hear the word "divorce" and don't understand "Divorce from Bed & Board" or "Limited Divorce" (never mind a Latin translation of Bed & Board... divorce a mensa et thoro).  One needs to check the policy itself and see if "separation" is a "qualifying event" requiring the termination of coverage.

    If all else fails, a judgment of separate maintenance should always work to maintain coverage since both the Capodanno and Weinkratz cases are clear that a jjudgment of separate maintenance is not a "legal separation" (whereas a Divorce from B&B is)  ... But pay attention to the differences in tax filing.  Divorce from B&B = file separately or Head of Household as applicable, Judgment of Separate Maintenance = married or married filing separately.  Along with the standard paragraph about not giving tax advice, I always spell this one out.  If someone gets audited, I don't want them claiming it wasn't clear.

    ....And, soap box for a second... Issues like the different marital statuses we're discussing here are a trap for the non-family law attorney who dabbles.  If I had a dollar for every time I've heard someone say "but a lawyer said there's no legal separation status in New Jersey"... Ignorance like that harms the public and keeps the malpractice attorneys in business (e.g., "oh, wait - you mean there WAS a way to maintain health insurance but our attorneys never told us?  We've spent HOW MUCH as a result?!")

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    - Dave

    David Perry Davis, Esq.
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax: 609-737-3222
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