My fiancé has been separated from his stbx for a little over 2 years. He filed for divorce in December. His stbx refused service by certified mail, so it was served by the sheriff’s office in the county where she lives. Her attorney just contacted him and requested that he pay her COBRA payment (around $600/mo) for a year. The implication is that she’ll delay things more if he refuses.
He’s already kept her on his insurance a year beyond what he had to do, by not filing for divorce when he first could. He also paid separation support to her for most of the time since he left, even without any agreement. He couldn’t really afford to do so, and lowered the amount from nearly 1/3 of his take-home pay to half that after the first year. He has since stopped paying it. They were married for less than 3 years by the time they separated, and as of last month, it was just 5 years. They had a business together, which he’s left entirely to her. It’s incorporated as a not-for-profit, so it’s not a marital asset, if my understanding is correct. It is her full-time occupation, but it is losing money as it has all along. She owned a house before they married, but he’s not asking for any of the increase in its value during their marriage.
I realize that what’s legally reasonable or possible is different from what a layperson would see as fair, which is why I’m asking you about it. In my opinion, he’s already exceeded any obligation he might have to her. Her pettiness in refusing to sign for the certified mail has actually cost us at least a month’s COBRA payment on me (also about $600) since I’ve recently lost my job & my own health insurance.
Is it likely that she could actually get this ordered? From the other information on your site, it seems that she might qualify as a dependent spouse, but their marriage was very brief.
Is it worth fighting? I suppose only he can decide this, but what are the pros & cons, in your opinion? We can’t really afford an attorney; is this the kind of thing your DIY service can help with?
She’s planning to have elective surgery, but wants to wait until this summer. Would the court be likely to take that into consideration?
He and I started dating 13 months after they separated; would this count as marital misconduct on his part?
Thank you all very much for this forum! It’s an invaluable resource to the community.