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I have a final decree. it states that she will stay on my health plan.

Warwick, RI |

can her contrbution be lowered because the money deductet from my check is taken out before taxes?

i understand,but she is taking me back to court to try and change the ruling of the final decree.

Attorney Answers 2


As a general rule, she would have to pay the difference between what you pay to cover yourself and what you have to pay to cover her. However, the controlling authority is the decree/agreement.

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CHAPTER 27-20.4
Insurance Continuation Act

SECTION 27-20.4-1

§ 27-20.4-1 Continuation of health plan coverage for former spouse. – (a) In the event of a final judgment of divorce, whether absolute or otherwise, where one party to the divorce was at the time of the entry of the judgment for divorce a member of a health plan providing family coverage regulated under chapters 18, 19, 20, or 20.1 of this title and § 42-62-13, or a member of a health maintenance organization as defined in § 42-62-4(5), or any similar health plan whether regulated under these chapters and sections or not, the person who was the spouse of the party prior to the entry of judgment for divorce may remain eligible for continuing benefits under the plan and health maintenance organization without additional premium or examination if the order is included in the judgment when entered. The eligibility shall continue as long as the original member is a participant in the plan or health maintenance organization and until either one of the following shall take place: (1) the remarriage of either party to the divorce, or (2) until a time as provided by the judgment for divorce. If the person who was the spouse of a member of a plan or health maintenance organization as set forth in this subsection becomes eligible to participate in a comparable plan or health maintenance organization through his or her own employment, the continuation of the original plan coverage shall cease. Any final decree continuing family health insurance shall require both the member and the spouse to notify the insurer promptly of any remarriage.

(b) The person who was the spouse and remains eligible for continuing benefits under the provisions of this section or any custodial guardian of an insured minor child of the original member, having paid for covered medical costs subject to reimbursement, shall be reimbursed directly by the insurer upon the filing of the claim. The insurer shall not require that the claim be filed through the insured member, but must allow for direct filing.

History of Section.
(P.L. 1983, ch. 148, § 1; P.L. 1984, ch. 32, § 1; P.L. 1993, ch. 276, § 1.)

This observation is provided without warranty nor guarantee and for entertainment and informational purposes only. This answer is not legal advice. Not to be used as infant formula.

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