For most people, the goal of a divorce is to make a clean split from their soon-to-be-former spouse. After the court determines parenting rights and divides marital property, you will typically be detached from that person’s life. Of course, there are exceptions to every rule.
One of those exceptions involves obtaining or terminating benefits after an Ottawa divorce. The question of health insurance coverage can be a complex one, and the court may order one party to keep the other on their employment-based plan. Let a dedicated divorce lawyer at The Riley Divorce & Family Law Firm advise you on how to handle these benefits moving forward.
Like with many legal questions, the answer is maybe. In general, both parties must secure their own health insurance or other benefits after their divorce is finalized. Where things get complicated is when one person is required to pay spousal support to another.
The reality of spousal support is that it can go beyond direct monetary payments. A judge might determine that one of the most equitable ways to provide mandatory support is to allow a former spouse to remain on your policy. This is especially common in cases where that person might struggle to get health insurance on their own after the split.
Evaluating the policy terms is also important. Some companies automatically terminate a former spouse’s benefits coverage within 60 days of divorcing in Ottawa. In other situations, the carrier might not intercede at all.
Negotiations are possible when it comes to obtaining or terminating health benefits in Ottawa following a divorce. While it is possible that a judge might order one spouse to carry insurance for another, there is the potential for flexibility.
The parties have the opportunity to agree on spousal support and long-term benefits. For example, they might reach an agreement in which one individual maintains insurance for both parties while the other makes monthly payments. Any deal between the sides must be approved by a judge.
When it comes to health insurance, divorce will not always impact the coverage of the children shared by a couple. Each parent has an obligation to provide for their kids, and the party that provides them with coverage will typically keep them on their policy.
Of course, there are times when both parents have health insurance based on their employment. In these cases, negotiating a divorce settlement might require a different parent to have the children on their policy. This is due to the process of equalization, which occurs when a judge divides assets and debts between divorcing spouses in an equitable way. In some situations, that may mean leaving the responsibility of benefit premiums with a different party.
Our Ottawa legal team is ready to help answer questions regarding these divorce issues involving obtaining or terminating benefits. Our thorough approach could help you get a positive possible outcome in your case.
If you have questions about obtaining or terminating benefits after an Ottawa divorce, now is the time to ask. The experienced lawyers at The Riley Divorce & Family Law Firm could provide you with a complete understanding of your rights and obligations under the law.
Reach out as soon as possible for a private consultation to learn more about your available legal options.
Now you can have your Consultation with Paul Riley any time from the comfort of your own home. With video calls from Zoom, your Team at The Riley Divorce & Family Law Firm can meet with you virtually, and learn about your case. All you need is a smartphone, tablet, laptop, or desktop with a built-in camera and microphone.
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