NJSBA Family Law Section

Hello, Folks

I am mediating a case with a cop and his wife. They have been married some 25 years and continue to reside together. Wife has serious cardiac problems. They have agreed not to divorce so she can remain as his dependent on his health insurance.  I'm not sure how living apart might raise any issues in the future, but that remains to be seen.

 They also want to do a DRO to distribute his pension which, of course, requires some type of litigation, maybe an FD complaint for support (?). I've advised them that any litigation may disqualify her as a  dependent for health insurance purposes, not to mention future changes to the insurance plan. Is it possible to protect her and distribute his pension or should I  do a MSA which requires him to give her a proportionate share when his pension goes into pay status?

 Any thoughts or suggestions would be greatly appreciated.      

 Thank you.

Arlene F. Albino, Esq.

Fellow of the American Academy of Matrimonial Lawyers

Certified Matrimonial Law Attorney

Richard A. Ralph

Attorney at Law

97 Main Street

Newton, New Jersey 07860

(973) 579-0077

(973) 579-0177 Facsimile

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Hello, Folks

I am mediating a case with a cop and his wife. They have been married some 25 years and continue to reside together. Wife has serious cardiac problems. They have agreed not to divorce so she can remain as his dependent on his health insurance.  I'm not sure how living apart might raise any issues in the future, but that remains to be seen.

 They also want to do a DRO to distribute his pension which, of course, requires some type of litigation, maybe an FD complaint for support (?). I've advised them that any litigation may disqualify her as a  dependent for health insurance purposes, not to mention future changes to the insurance plan. Is it possible to protect her and distribute his pension or should I  do a MSA which requires him to give her a proportionate share when his pension goes into pay status?

 Any thoughts or suggestions would be greatly appreciated.      

 Thank you.

Arlene F. Albino, Esq.

Fellow of the American Academy of Matrimonial Lawyers

Certified Matrimonial Law Attorney

Richard A. Ralph

Attorney at Law

97 Main Street

Newton, New Jersey 07860

(973) 579-0077

(973) 579-0177 Facsimile

Confidentiality Note:

This message is for the named person's use only.  It may contain confidential, proprietary or legally privileged information.  No confidentiality or privilege is waived or lost by any mis-transmission. If you receieve this message in error, please immediately delete it and all copies of it from your system, destroy any hard copies of it and notify the sender.  You must not, directly or indirectly, use, disclose, distribute, print or copy any part of this message if you are not the intended recipient.

I agree with Anna-Maria.  I usually call the employer/benefits rep and get a letter from them stating that a divorce from bed and board will NOT trigger a termination of benefits.  Arlene, if you send me your email address, I'll send you a copy of a letter we received so you can use similar language.

On the other hand, we have entered into an MSA in other cases where the parties are in their 60's, yet remain married until the age of 65, when one qualifies for Medicare.  Not sure how helpful that will be, but it does work for some parties.  It's only a problem when one decides they want to remarry sooner than the other party turns 65 years of age and can qualify for medicare. 

	Misty A. V. Avallone, Esq. P: 609.683.7400  F: 609.921.8982 E: [email protected] www.kingstonlawgroup.com

Hello, Folks

I am mediating a case with a cop and his wife. They have been married some 25 years and continue to reside together. Wife has serious cardiac problems. They have agreed not to divorce so she can remain as his dependent on his health insurance.  I'm not sure how living apart might raise any issues in the future, but that remains to be seen.

 They also want to do a DRO to distribute his pension which, of course, requires some type of litigation, maybe an FD complaint for support (?). I've advised them that any litigation may disqualify her as a  dependent for health insurance purposes, not to mention future changes to the insurance plan. Is it possible to protect her and distribute his pension or should I  do a MSA which requires him to give her a proportionate share when his pension goes into pay status?

 Any thoughts or suggestions would be greatly appreciated.      

 Thank you.

Arlene F. Albino, Esq.

Fellow of the American Academy of Matrimonial Lawyers

Certified Matrimonial Law Attorney

Richard A. Ralph

Attorney at Law

97 Main Street

Newton, New Jersey 07860

(973) 579-0077

(973) 579-0177 Facsimile

Confidentiality Note:

This message is for the named person's use only.  It may contain confidential, proprietary or legally privileged information.  No confidentiality or privilege is waived or lost by any mis-transmission. If you receieve this message in error, please immediately delete it and all copies of it from your system, destroy any hard copies of it and notify the sender.  You must not, directly or indirectly, use, disclose, distribute, print or copy any part of this message if you are not the intended recipient.