NJSBA Family Law Section

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  • 1.  Health Insurance Enrollment /Divorce ?

    Posted 08-27-2013 03:47 PM
    Hello listmates

    New client was just told by his wife that she filed for divorce but he has yet to be served.  Health insurance open enrollment for his provider closes tomorrow.  What is his obligation to insure his soon to be ex-wife.  He plans on putting his son on the policy, but wants to know if obligated to cover wife.  Any suggestions would be appreciated.

    TIA,

    EBH

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    Eric Hannum Esq.
    Jackson NJ
    (732)370-9596

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  • 2.  RE:Health Insurance Enrollment /Divorce ?

    Posted 08-27-2013 04:01 PM
    Important fact.  This is the first time for the insurance.  Never had coverage before

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    Eric Hannum Esq.
    Jackson NJ
    (732)370-9596

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    Original Message


  • 3.  RE:Health Insurance Enrollment /Divorce ?

    Posted 08-27-2013 04:35 PM
    Eric, how can he think he can just drop her?  Of course, he must maintain the status quo - she cannot go without coverage and he would place himself in the possible position of being tagged with all of her uncovered costs if she is dropped by him with out warning or agreement.



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    Debra Guston Esq.
    Glen Rock NJ
    (201)447-6660

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    Original Message


  • 4.  RE:Health Insurance Enrollment /Divorce ?

    Posted 08-27-2013 04:43 PM


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    Larry Raiken Esq.
    Montville NJ
    (973) 808-2003

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    Original Message


  • 5.  RE:Health Insurance Enrollment /Divorce ?

    Posted 08-27-2013 04:39 PM
    Deb,
     
    I put a subsequent post up.  He never had the insurance during the marriage.  This is the first time he has insurance available to him and the Complaint was filed by her last week.

    Best,

    Eric



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    Eric Hannum Esq.
    Jackson NJ
    (732)370-9596

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    Original Message


  • 6.  RE:Health Insurance Enrollment /Divorce ?

    Posted 08-27-2013 04:44 PM
    Then my answer would be - if she has no access to insurance on her own, he still has a duty to provide for her reasonable medical care, as does she to him, even though the marriage may be headed for divorce. I'd have him enroll her and then in a pendente lite motion, if appropriate, have her contribute to her cost of insurance.  Why leave them open to possible big medical  bills when they are getting divorced and their economics are probably stretched thin as a result of the divorce?

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    Debra Guston Esq.
    Glen Rock NJ
    (201)447-6660

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    Original Message


  • 7.  RE:Health Insurance Enrollment /Divorce ?

    Posted 08-27-2013 05:05 PM
    No P/L motion as of yet.  Finances are stretched real thin since he is supporting everyone and adding her is going to cost about $150-$200 per weekly pay.

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    Eric Hannum Esq.
    Jackson NJ
    (732)370-9596

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    Original Message


  • 8.  RE:Health Insurance Enrollment /Divorce ?

    Posted 08-27-2013 05:21 PM

    I totally get it. I was just letting you know the normal course of Amicus involvement by the NJSBA. You all know that Tom & I will be on this totally. But, we need to move on all fronts.
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    Felice Londa Esq.
    Elizabeth NJ
    (908) 353-5600

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    Original Message


  • 9.  RE:Health Insurance Enrollment /Divorce ?

    Posted 08-27-2013 05:22 PM
    I would put her on the insurance, with a letter to adversary counsel stating that this is being done out of an abundance of caution, and not because your client believes he is obligated to commence or continue coverage.  Ask for reimbursement. If not agreed, then file a p.l. motion on all issues, including that one.

    hanan

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    Hanan Isaacs Esq.
    Kingston NJ
    (609)683-7400

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    Original Message