Can I file for Change in Circumstance in a legal separation?

[karenekaren]

What is the name of your state (only U.S. law)? WA

My spouse and I filed for legal separation 5 years ago because he/she needed access to my military health insurance. The separation was written to say if we got a divorce, I would have to pay $500/month for their insurance, but, If they took a position that offered health insurance, I would be free of this requirement.

My spouse got a new job last year which offers a salary of $160,000/year but does not offer insurance at this salary level. i make $40,000/year (at the time of the legal separation, my spouse also made about $40,000/year).

How can I change the agreement so I can be free of the $500 penalty and finally divorce this person?

Thank you.

 

[Zigner]

What is the name of your state (only U.S. law)? WA

My spouse and I filed for legal separation 5 years ago because he/she needed access to my military health insurance. The separation was written to say if we got a divorce, I would have to pay $500/month for their insurance, but, If they took a position that offered health insurance, I would be free of this requirement.

My spouse got a new job last year which offers a salary of $160,000/year but does not offer insurance at this salary level. i make $40,000/year (at the time of the legal separation, my spouse also made about $40,000/year).

How can I change the agreement so I can be free of the $500 penalty and finally divorce this person?

Thank you.

You're going to want to speak to an attorney.

 

[LdiJ]

What is the name of your state (only U.S. law)? WA

My spouse and I filed for legal separation 5 years ago because he/she needed access to my military health insurance. The separation was written to say if we got a divorce, I would have to pay $500/month for their insurance, but, If they took a position that offered health insurance, I would be free of this requirement.

My spouse got a new job last year which offers a salary of $160,000/year but does not offer insurance at this salary level. i make $40,000/year (at the time of the legal separation, my spouse also made about $40,000/year).

How can I change the agreement so I can be free of the $500 penalty and finally divorce this person?

Thank you.

My guess is that if your spouse is really making 160k a year you could get it modified that you are no longer responsible for their health insurance. I also find it highly unlikely that a job paying a salary of 160k a year would NOT offer health insurance.

 

[Ohiogal]

My guess is that if your spouse is really making 160k a year you could get it modified that you are no longer responsible for their health insurance. I also find it highly unlikely that a job paying a salary of 160k a year would NOT offer health insurance.

I can think of a few -- contract work in a variety of areas -- law, medical, computers, small business in some of the trades... Would you like to go round and round on this? Or are you 100% certain on this because it is ANOTHER area of expertise for you?

 

[HRZ]

OR your insurance plan may be a much better one than the one he might have available ...we don't know and more importantly you don't know.

BTW how long a marriage , up to now ? 10yes or close ?


I have no clue about separation details in WA , except you remain married ..does he have a new person just itching to be married and secure benedits of same ?

I find it odd that a $160k position comes wo insurance ...but agree such could be the case ..or is engineered to be the case . ? The high cost of insurance suggests room for deals not to be offered insurance but get other things ...been there ..done that )

 

[karenekaren]

OR your insurance plan may be a much better one than the one he might have available ...we don't know and more importantly you don't know.

BTW how long a marriage , up to now ? 10yes or close ?


I have no clue about separation details in WA , except you remain married ..does he have a new person just itching to be married and secure benedits of same ?

I find it odd that a $160k position comes wo insurance ...but agree such could be the case ..or is engineered to be the case . ? The high cost of insurance suggests room for deals not to be offered insurance but get other things ...been there ..done that )

Married for 22 years. I want the divorce to be free of this toxic situation.

 

[karenekaren]

Also, there was a copy of employment contract submitted with the courts stating no insurance was offered at this salary rate.

 

[HRZ]

Most employment is "at will" ...employment by contract is not all that common ...but hey, if it says no insurance ..so be it ...but just what kind of employment situation are you dealing with ....( I could have produced such a contract very easily but it was not common and it would have been very misleading as to was it in general available. And some rather big employers paid folks to opt,out )

22 years is well long enough to be covered by his SS if any such need arises.

I do NOT know the property property division issues to dissolve a relatively long term marriage in your state and IF separation freezes the pictue or not ...but in your shoes I'd want that answer especially as it seems he is awhile lot better off.

 

[Zigner]

OR your insurance plan may be a much better one than the one he might have available ...we don't know and more importantly you don't know.

BTW how long a marriage , up to now ? 10yes or close ?


I have no clue about separation details in WA , except you remain married ..does he have a new person just itching to be married and secure benedits of same ?

I find it odd that a $160k position comes wo insurance ...but agree such could be the case ..or is engineered to be the case . ? The high cost of insurance suggests room for deals not to be offered insurance but get other things ...been there ..done that )

How do you know the other party is male?

 

[HRZ]

True, the sex of either party is not relevant .....

 

[stealth2]

True, the sex of either party is not relevant .....

*cough* gender, not sex *cough*

 

[not2cleverRed]

How do you know the other party is male?

Especially when OP refers to the spouse at "he/she" in the initial post...

 

[HRZ]

Well as posted it also seems possible other party can move the ball forward , divorce, and lock in $500 a month even if he/she hit the lottery .

ALso,given that ex submitted a " contract "to court showing no health care suggests there is more to story .

OP...use counsel as to your fact patterns ...

 

[HRZ]

Well as posted it also seems possible other party can move the ball forward , divorce, and lock in $500 a month even if he/she hit the lottery .

ALso,given that ex submitted a " contract "to court showing no health care suggests there is more to story .

OP...use counsel as to your fact patterns ...and language ....

 

[LdiJ]

Also, there was a copy of employment contract submitted with the courts stating no insurance was offered at this salary rate.

Still, at that salary level he can afford his own insurance. He doesn't need your insurance or employer sponsored insurance either. He can afford to pay for private insurance.