Health insurance for ex

[afrazier57]

What is the name of your state (only U.S. law)? Florida
Seperated from the ex-wife in January '07 in South Carolina. We had a decree of seperate maintenance which said what each of us was responsible for. Part of my responsibility was to cover her on insurance for a year (which is the amount of time you must be seperated in SC before the divorce is final). I moved to Florida a few months later and she to Ky. When February came around in '08, I called her and told her that she had been on my insurance for over the 12 months and that she would need to get her own because I had fulfilled my obligation. She agreed and got insurance through her new job. I found out soon after that since neither of us was a resident of SC, our divorce could not be finalized there, and I had to file for divorce in Florida. She signed the paperwork and our divorce was granted in July, '08. I have since re-married and picked up my wife and two step-children on my insurance. My ex-wife feels I should be responsible for ther medical bills from Feb (when I dropped her from the policy) and July, when it seems our divorce was actually finalized. HELP! Am I responsible for this? The paperwork that was filed in Florida and signed as the official divorce papers said nothing about that.

 

[seniorjudge]

What does the judgment in your lawsuit say?

 

[afrazier57]

The decree of seperate maintenance, which is the only document used in the actual filing of the divorce in Florida, says nothing about having to carry her for a year. She says, and is supposedly mailing me, that something in the paperwork from SC says I have to carry her until the divorce is final. But, since my divorce was filed for and granted in Florida, and the paperwork filed in Florida says nothing to the effect of health insurance, would I still be responsble? Also, I dropped her from my coverage on 2/19/08 and she picked insurance up on 2/25/08 until October '08.

 

[LdiJ]

The decree of seperate maintenance, which is the only document used in the actual filing of the divorce in Florida, says nothing about having to carry her for a year. She says, and is supposedly mailing me, that something in the paperwork from SC says I have to carry her until the divorce is final. But, since my divorce was filed for and granted in Florida, and the paperwork filed in Florida says nothing to the effect of health insurance, would I still be responsble? Also, I dropped her from my coverage on 2/19/08 and she picked insurance up on 2/25/08 until October '08.

She might have a case for you owing for the bills from February. It would have been smarter not to have dropped her from your insurance until after she had picked up other insurance.

 

[seniorjudge]

I found out soon after that since neither of us was a resident of SC, our divorce could not be finalized there, and I had to file for divorce in Florida.

And who told you that?

 

[mistoffolees]

The decree of seperate maintenance, which is the only document used in the actual filing of the divorce in Florida, says nothing about having to carry her for a year. She says, and is supposedly mailing me, that something in the paperwork from SC says I have to carry her until the divorce is final. But, since my divorce was filed for and granted in Florida, and the paperwork filed in Florida says nothing to the effect of health insurance, would I still be responsble? Also, I dropped her from my coverage on 2/19/08 and she picked insurance up on 2/25/08 until October '08.

If the divorce was filed and granted in FL as you say, then SC has no jurisdiction. However, there's a broader issue. In most states (I haven't checked so you'll need to check on the rules in FL), you can not make any changes that affect the other party while the divorce is pending. Canceling insurance is almost always specifically forbidden.

Furthermore, if she picked up insurance on 2/25/08, you're only talking about 6 days without insurance? Were the medical expenses incurred during those 6 days?