I am currently legally separated. We did legal separation so that my spouse could stay on my health insurance. In our legal separation agreement, we agreed to forever wave our right to spousal support after ten years. I'd like to now file for divorce, but I'm willing to wait on the effective date. I'd also like to speed up "closure" and cut the spousal support termination date to five years. So I was thinking that perhaps I could negotiate this with my spouse by doing all of the paperwork, signing, ... to convert to a divorce now, but delay the date of entry of legal judgement so that she can stay on my health insurance for several more years. In exchange, she would agree to moving up the termination date. Is this kind of "contract" possible?
In a Petition For Dissolution of Marriage case, when you submit a proposed Judgment packet requesting a full and complete dissolution, the court will fill in the date that the marital status ends.
You have two problems here. First, if your insurance carrier sees this as a potential fraud matter, you could run into problems with the insurance carrier. Next. you need to rethink on how to word the judgment. Whatyou are wanting to do is really provide an additional form of spousal support. You need to check that out with the carrier. If that is correct, then the wording in the judgment needs to reflect this. Strongly suggest you talk to a family law attorney in your area.
I think it's possible to agree on a date dissolution ends but I think you will need the assistance of counsel and I don't guarantee that it would work (although I have seen it done). You put the date on the FL-180 and you also put it in an attached Stipulated Judgment. It can be part of a global settlement rather than fraud on your employer.
If your spouse will agree, then the answer is yes. You can do this if the settlement agreement and judgment have the correct language in them, and both parties sign off. However, as a couple of the other attorneys have noted, you should check to make sure that you are not putting yourself at risk with your employer or the employer-provided health insurance of a potential fraud claim. If you are going to try to do this yourself, it will make sense to pay an attorney to review the documents before you submit them.
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