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Divorce Insurance Changes Ny
Summary
The conversation discusses the complexities of changing insurance coverage during divorce proceedings in New York. It covers the legality of agreements between spouses, the binding nature of court orders, and the potential penalties for contempt of court. It also touches on the possibility of legal separation during ongoing divorce proceedings. The user is advised to consult with a legal professional to understand their specific situation and options.Full Conversation
Changes to insurance and dependents regarding my husband and divorce
What state are you currently residing in?
In general, changes to insurance and dependents can be part of divorce proceedings. However, specific rules may vary by state.
In general, changes to insurance and dependents can be part of divorce proceedings. However, specific rules may vary by state.
New york
In New York, HR departments can be subpoenaed to provide information about changes to insurance and dependents.
Is there anything else I can help with?
Is there anything else I can help with?
Why would they get subpoenaed
A subpoena may be issued to obtain evidence relevant to the case. In a divorce, this could include changes to insurance and dependents.
- Subpoenas are legal documents that compel a person or entity to testify or produce documents.
- They are typically issued when the information is necessary for a legal proceeding.
- Subpoenas are legal documents that compel a person or entity to testify or produce documents.
- They are typically issued when the information is necessary for a legal proceeding.
If my husband has agreed in writing to these insurance changes before divorce in NY, will there be an issue
Did your husband agree to these changes in a legally binding document such as a separation agreement?
In general, if changes to insurance were agreed upon in a legally binding document, they should be honored.
In general, if changes to insurance were agreed upon in a legally binding document, they should be honored.
He did not in the current paperwork we have but would likely sign paperwork now.
Did your husband agree to these changes verbally or in any form of written communication?
In New York, verbal agreements can sometimes be considered legally binding, but it's generally safer to have agreements in writing.
In New York, verbal agreements can sometimes be considered legally binding, but it's generally safer to have agreements in writing.
Not yet. But I am gathering info before I make decisions. It is my understanding that I am not allowed to remove him from my insurance until the divorce is finalized, however if he agrees to it in writing, is that an exception?
Has your husband given any indication that he would agree to be removed from your insurance before the divorce is finalized?
In general, in New York:
- Insurance changes during divorce proceedings can be complex and depend on individual circumstances.
- It's advisable to consult with a legal professional before making any changes.
In general, in New York:
- Insurance changes during divorce proceedings can be complex and depend on individual circumstances.
- It's advisable to consult with a legal professional before making any changes.
Yes
What is the form of his agreement? Is it verbal or written?
In New York, written agreements are generally more enforceable than verbal ones. It's advisable to get any agreement in writing.
In New York, written agreements are generally more enforceable than verbal ones. It's advisable to get any agreement in writing.
So far verbal but I plan to get written to cover my bases. Is it correct that if he agrees to this in writing, he cannot file for contempt of court regarding the insurance issue
What is the specific insurance issue you're referring to?
In general, in New York:
- Written agreements can provide a level of protection against future disputes.
- However, it's advisable to consult with a legal professional to ensure all bases are covered.
In general, in New York:
- Written agreements can provide a level of protection against future disputes.
- However, it's advisable to consult with a legal professional to ensure all bases are covered.
The fact that NY says that I legally cannot remove him from my health insurance before the divorce is finalized, and there are no exceptions to that
Is there a court order in place that specifically states you cannot remove your spouse from your health insurance before the divorce is finalized?
In New York, generally:
- Health insurance coverage for a spouse cannot be dropped until the divorce is final.
- Exceptions may apply if there's a court order or written agreement.
In New York, generally:
- Health insurance coverage for a spouse cannot be dropped until the divorce is final.
- Exceptions may apply if there's a court order or written agreement.
Yes, but I am wondering if a written agreement between myself and my spouse would override that?
In New York, a written agreement may not override a court order. It's advisable to consult with a legal professional to understand your options.
When you say may not…does that mean that he could still have the right to find me in contempt, even though we formally agreed to remove him from my insurance during open enrollment for him and me
What is the exact wording of the court order regarding your health insurance coverage for your spouse?
In general, in New York:
- Violating a court order can lead to contempt of court charges.
- A written agreement may not necessarily override a court order.
In general, in New York:
- Violating a court order can lead to contempt of court charges.
- A written agreement may not necessarily override a court order.
the spouses] can't take each other off any existing medical, hospital and dental insurance coverage and must keep the coverage you have current." This also applies for life insurance polices.
What is the exact wording of the written agreement you are planning to have with your spouse?
In New York, generally:
- Court orders are legally binding and must be followed.
- Any changes to these orders should be done through legal procedures.
In New York, generally:
- Court orders are legally binding and must be followed.
- Any changes to these orders should be done through legal procedures.
That both parties agree it is in the best Interest of each of us individually to utilize both of our open enrollment periods that are occurring before the final divorce decree so that we both have insurance that best suits our needs
What is the reason for wanting to change the insurance coverage during the open enrollment period?
In general, in New York:
- Court orders are legally binding and must be followed.
- Any changes to these orders should be done through legal procedures.
In general, in New York:
- Court orders are legally binding and must be followed.
- Any changes to these orders should be done through legal procedures.
Otherwise due to the company I work for, there is a $* a month penalty to keep my husband in my insurance when he is eligible for his own individual plan at his job
What is the nature of this penalty? Is it a company policy or a legal requirement?
In general, in New York:
- Employers can impose penalties for covering spouses who have access to their own employer-sponsored health insurance.
- The specifics of these penalties can vary by employer.
In general, in New York:
- Employers can impose penalties for covering spouses who have access to their own employer-sponsored health insurance.
- The specifics of these penalties can vary by employer.
Company penalty for a privately insured business
In general, private companies can impose penalties for not following their insurance policies. However, it's advisable to consult with a legal professional to understand your options.
If found in contempt of court what is the highest penalty for not following a simple court order regarding insurance
In New York, contempt of court can result in:
- Fines
- Imprisonment
- Both
The exact penalty depends on the severity and nature of the contempt.
- Fines
- Imprisonment
- Both
The exact penalty depends on the severity and nature of the contempt.
In order for contempt to be started though, my spouse would have to file for it?
Yes, typically, your spouse would need to file a motion for contempt. However, it's always best to consult with a legal professional to understand your specific situation.
Can a judge motion for contempt without consulting my spouse?
In New York, generally:
- A judge can initiate a contempt proceeding if they believe a court order has been violated.
- It's not necessary for your spouse to file a motion for contempt.
Is there anything else I can help with?
- A judge can initiate a contempt proceeding if they believe a court order has been violated.
- It's not necessary for your spouse to file a motion for contempt.
Is there anything else I can help with?
How would a judge find out about a violation of a court order, if it didn’t occur in front of them?
A judge can learn about a violation of a court order through various means such as a report from a probation officer, a complaint from the other party, or evidence presented in court.
Is it worth the risk to form an agreement with my spouse that goes against the court order, if it is ultimately what’s best for both parties? Since I believe my spouse would not file for contemto
What is the nature of the agreement you are considering?
In general, it's important to remember that court orders are legally binding. Violating a court order, even with a mutual agreement, can potentially lead to legal consequences.
In general, it's important to remember that court orders are legally binding. Violating a court order, even with a mutual agreement, can potentially lead to legal consequences.
Can you get a legal separation while a divorce proceeding is in progress?
In New York, you can't get a legal separation while a divorce proceeding is ongoing. The legal separation would need to be finalized before filing for divorce.
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