Insurance, addendum to SA


#1

I recently started a new job and have a chance to put our daughter on my full insurance (medical, dental, vision). The SA agreement states that my stbx is responsible for maintaining health, and I am responsible for maintaining dental. It will be cheaper for both of us to put our daughter on mine, and let the stbx reimburse me. Her lawyer claims that if we do this we will both be in contempt of court and we MUST make an addendum to the SA, “or else”. Personally, I think her lawyer is trying to make another $ or two.


#2

If you have a separation agreement, there is no way you can be in contempt. ( A person can only be held in Contempt if they wilfully violate a court order, and the other party brings it to the attention of the court).

In the case of a Separation Agreement, it is a contract, which if breached allows the aggrieved party to sue the other for breach of contract and enforcement by the court.

If you and your ex are in agreement regarding the new insurance plan, you may move forward as you wish. There is no policing agent that will prevent you from doing so.

You may however want to consider having an addendum to the SA drawn up so that you can enforce your ex’s obligation to reimburse you for the cost of the insurance.