NJSBA Family Law Section

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  • 1.  Effect of annulment

    Posted 10-07-2014 02:29 PM
    Interesting question I'd love some feedback on. Parties are married in April. Wife has significant grounds for annulment. After marriage, husband enrolled on wife's health insurance plan and had extensive surgery. If the annulment vitiates the marriage as if it never existed, does the wife have any exposure to reimburse the health insurance provider for benefits paid on the husband's behalf while married?

    Thank you!

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    Rosanne DeTorres Esq.
    Flemington NJ
    (908)284-6005
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  • 2.  RE: Effect of annulment

    Posted 10-07-2014 03:21 PM

    Rosanne, The first question that comes to mind is was there collusion to perpetrate a fraud??? Or are her grounds for annulment based on fraudulent conduct on his part????? Sharon




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  • 3.  RE: Effect of annulment

    Posted 10-07-2014 03:41 PM
    In other words, did she know he was going to have sexual reassignment surgery before she married him.

    ccs

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  • 4.  RE: Effect of annulment

    Posted 10-07-2014 03:43 PM
    I would not do anything that would cause the carrier, etc. to look at this more carefully.

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    Ellen Bromsen Esq.
    Englewood Cliffs NJ
    (201)894-0844
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  • 5.  RE: Effect of annulment

    Posted 10-07-2014 04:29 PM
    In other words, did she know he was going to have sexual reassignment surgery before she married him.

    ccs

    Check us out at www.shainberg.com

    CONFIDENTIALITY NOTICE: This electronic communication and accompanying documents contain information from the law firm of Shainberg & Viola which is confidential and/or legally privileged.
    The information is intended only for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, you are notified that any disclosure,
    copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited and
    review by any individual other than the intended recipient shall not constitute a waiver of the attorney-client, work-product, joint-defense and/or other applicable privileges.
    In this regard, if you have received this electronic communication in error, please notify us immediately.



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  • 6.  RE: Effect of annulment

    Posted 10-07-2014 08:33 PM
    Uu
     


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  • 7.  RE: Effect of annulment

    Posted 10-07-2014 03:28 PM
     what are the "significant grounds" for annulment? 

    Sent from my Verizon Wireless 4G LTE smartphone



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  • 8.  RE: Effect of annulment

    Posted 10-08-2014 10:40 AM
    Interesting question!

    Assume that the annulment did retroactively remove the health insurance, creating liability for the repayment of the medical costs.  He was the one who incurred them, and if it's an annulment, there is no equitable distribution, so the debt would be on him (it wouldn't be joint or on her).  If you represent the party moving for the annulment, well, I hate to sound harsh, but it ain't her problem.  If he committed sufficient "fraud as to the essentials of the marriage" to justify an annulment, it would be the result of his own fraud.  I wonder if he could even bankrupt the debt, if it arose as a result of fraud.

    On the other hand, the insurance company took premiums from the guy.  I guess they'd be refunded (or credited toward the amount paid out).  Research the grounds an insurance company needs to retroactively terminate a policy or to pursue a former policy holder for repayment.... I wonder if it's the same standard as is applicable to the Family Part to annul?  Can a health insurance company retroactively terminate a policy and seek repayment after they accepted the premiums?

    If you represent him, it sounds like the cost of a trial over whether it should be a divorce or an annulment might be justified if there's a dispute over what happened.  Marlyn Quinn and I had a multi-day trial (and appeal thereafter) over this issue (http://scholar.google.com/scholar_case?case=4479269240281788687& ).  Be happy to share the briefs if they would help, but they're focusing on the immigration aspects (and what constitutes sufficient fraud), not the health insurance aspect, which never came up.

    I took a quick look for you on Google Scholar, but nothing came up (or, more precisely, 687 cases came up under the search terms I tried and I wasn't going to sort them further).  I suspect the issue has been addressed before, either in the Family Part somewhere or in litigation between an "annulled" spouse and an insurance company.  This might be a good time to get a $20 per hour law student to do a research memo. 

    If you do so, please follow up - as said, interesting question.

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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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  • 9.  RE: Effect of annulment

    Posted 07-29-2015 02:55 PM
    Hi everyone, I am looking to hire a legal secretary to work part-time in my
    Flemington law office. If you know anyone who would be interested have them
    fax their resume and salary requirements to the number below. Thanks.
    Sharon Ransavage



    --

    Sharon B. Ransavage, Esq.

    4 Walter Foran Boulevard, Suite 301

    Flemington, New Jersey 08822

    (908) 806-3346 (Telephone)

    (908) 806-2351 (Facsimile)



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