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Ex husband apparently has no health insurance for himself.

Skokie, IL |
Filed under: Divorce Divorce decree

2009 Divorce decree states we both shall have medical insurance and pay our own premiums. He has a history of issues that require medications and follow up. I am concerned, since he takes me to court every year for various frivolous things, costing us both thousands of dollars. This year a judge informally stated he doesn't have to pay for a routine expense of camp that he has been paying his half for years, since he states he can't afford it. I am concerned that if something happens to him medically he will use medical bills as his next excuse in court to not pay previously agreed upon expenses. Doesn't he have to have health insurance?

Attorney Answers 5

Posted

no, not under the divorce decree for himself. but he may under the affordable care act.

his other bills should have nothing to do with his paying what the divorce papers order him to pay. those court ordered payments should be paid first, before his other bills.

if the camp expense was not in the divorce papers as something he had to pay, then he need not.

take your papers to a lawyer for a review.

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Posted

I have never seen a divorce decree that states a party must carry medical insurance to cover themselves post decree. You need to take your papers in person to your divorce lawyer to review with you. It would be highly unlikely a divorce court ordered that he must have medical coverage. Although technically under the new federal law coverage will be mandatory but that law us not fully effective yet.

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Posted

Under divorce law, he would not be under any obligation to maintain health insurance on himself.

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7 comments

Asker

Posted

Thank you. My decree states "Each party shall maintain, and be solely responsible for the payment of, his or her own health and hospitalization insurance premiums and medical and dental expenses." I wonder if my original lawyers put that in when, in an effort to push my ex to maintain his mental health care so he could safely be with our children, his lawyer firmly stated I would have to pay for his healthcare if I wanted that written in. I refused this, ludicrous, I was divorcing him and no longer going to lose everything to his mental illness. But from what you are saying, those words do not mean anything? or is it more complicated then that? At the time, I couldn't afford the 10K in psych testing, and none of his psych issues were ever brought up in court.

Gary L. Schlesinger

Gary L. Schlesinger

Posted

what they mean is that each of you is responsible only for your own ins and health costs and neither of you is responsible for those costs for the other party.

Andrew J. Harger

Andrew J. Harger

Posted

The language from your judgment is fairly standard. It doesn't require each party to have insurance bit merely requires each party to pay for it of they choose to have it.

Peggy M. Raddatz

Peggy M. Raddatz

Posted

That says they must PAY their own medical NOT mandatorily carry their own insurance. Two separate issues entirely.

Peggy M. Raddatz

Peggy M. Raddatz

Posted

The each party shall maintain is not really enforceable against the other it is incidental to the other half of the sentence and basically poorly drafted.

Asker

Posted

Ah, I got it. Thank you, all! So strange, we must have life insurance, but not health insurance. I'm sure that's a whole 'nother discussion! But, as stated above, the new Affordable Care Act maybe will take care of this. Thanks again, all of you!!

Peggy M. Raddatz

Peggy M. Raddatz

Posted

You are welcome!

Posted

No

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Posted

No obligation to maintain insurance, only to pay for insurance if he chooses to get it. Likewise he has the obligation to pay his other medical expenses.

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2 lawyers agree

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