My ex husband recently lost his job and therefore his and the kids insurance. Our separation agreement which was incorporated into the divorce decree states that the kids are on his insurance and “In the event any part of the insurance is canceled then Husband shall procure substantially similar other insurance coverage for the minor children.”
He says he is not going to get insurance for them until he gets a new job. Who knows when that will be. I’m assuming he’s getting unemployment but I don’t know. I have asked repeatedly for the confirmation in writing that his insurance is canceled so that I can add them to mine since it’s not open enrollment. As of yet, he has not provided me with such.
If he doesn’t and I miss the 30 day Life Event window, then what? The kids will be uninsured, but I can’t put their healthcare on hold although he’s asked me to for now. One of them has regular therapy appointments. Who is responsible for paying the out of pocket expense? Our agreement says we split everything 50/50 that isn’t covered by insurance. But what if insurance is not being provided at all as per the agreement?
According to the sentence you quoted your ex-husband has an obligation to provide health insurance for the minor children. Since your separation agreement was incorporated, it is now a court order and you can file a contempt motion (called a motion/order to appear and show cause) against him for willful violation of a court order.
You would continue to pay the uninsured/out of pocket expenses pursuant to the terms in your separation agreement. You should ask for reimbursement of these expenses that would have otherwise been covered by insurance in your contempt motion.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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