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Bifurcation

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N

noonan

Guest
What is the name of your state?
california

My parents are going through a divorce and my father has filed a bifurcation so he can re-marry. His employer notified my mother that she would be taken off the Life Insurance Plan effective the date of the bifurcation. Shouldn't she fall under his plan until the divorce is finalized?
 


V

VeeGee

Guest
noonan said:
What is the name of your state?
california

My parents are going through a divorce and my father has filed a bifurcation so he can re-marry. His employer notified my mother that she would be taken off the Life Insurance Plan effective the date of the bifurcation. Shouldn't she fall under his plan until the divorce is finalized?
I would think so...I know I was on my ex's plan until the divorce was finalized. But my ex had to maintain a life insurance policy for our children.
 
C

cyana

Guest
Sorry, VeeGee but that's not how...

"bifurcation" works. Trust one who has been a "victim" of a state that allows for bifurcation (DE). The "final decree" can be issued and received by both parties long before any of those pesky little "ancillary matters" (CS, Custody, Property division, Alimony, lawyers fees) are established. My pig of an ex did that to me and got remarried soon after the ink was dry on our "final decree". Custody and CS were only determined a month after he was remarried and property division and alimony - yes, I receive a pathetic amount of alimony - six months later. My "final decree" only states that I am "Divorced" - period. Bifurcation stinks, IMHO - though my remarried, voluntarily unemployed ex probably would NOT agree. GRRH! :mad:

So unless California "bifurcations" work differently than DE all she potentially *might* end up with is a paper that reads "This marriage is dissolved" (or whatever it is called - I believe CA uses dissilution (sp?) rather than divorce). Hopefully, IAAL and/or stephenk will respond, too, because either could better explain how bifurcation works in CA.
 

I AM ALWAYS LIABLE

Senior Member
My response:

Bifurcation is merely a fancy word for "separation of issues"; e.g., the dissolution itself from all other issues, such as child support, spousal support, division of property - - assets and debts.

That's all.

However, in our writer's situation, it is stated that Poppa Bear's "employer" is going to terminate the insurance at the moment when bifurcation is "filed". Ohhhh, real bad move.

You see, the employer is the agent of Poppa Bear, and if Poppa Bear reads his Summons, there's an AUTOMATIC restraining order in effect until the dissolution is complete. That means, the status quo is to be maintained, and if the employer terminates the insurance BEFORE the dissolution orders are signed by the judge, then Poppa Bear is going to be in violation of the restraining order - - in other words, in "Contempt of Court." Big time trouble.

So, someone had better tell Poppa Bear to read the Summons, on both sides, and then to inform the employer that if the insurance is terminated prior to the final decree of dissolution is signed, then Poppa Bear is going to be in for a real rude awakening by the court.

IAAL
 
C

cyana

Guest
Thanks, IAAL, for clarifying

the Original Poster's position.
 
V

VeeGee

Guest
I agree with IAAL....the employer must keep mom on until divorce is final. Ended and over. Thanx big guy ;)
 

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