Do I have to give my ex the benefits of my secondary insurance?

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Do I have to give my ex the benefits of my secondary insurance?

My ex is ordered to have insurance on the kids – he has done this. I recently married and obtained secondary coverage. My new insurer covers dental and vision, whereas, his did not. My ex has not paid his half of any out-of-pocket medical expenses incurred for 2 years. So my dilemma is that I would like to offer him this insurance to replace his. His is $333 a month, mine is $50. However, I am leery of offering him something that I fear he won’t pay for. Can I keep the secondary coverage and not give him the benefit? I would then pay cash for the bills, send him half, file mine with my insurer. Is this legal?

Asked on March 19, 2011 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What I think you are asking here is if you should add the kids to your new insurance plan and let your ex off the hook with the coverage issue, correct? Is the coverage through your new husband?  Then I think that you had better double check on the kids being added.  Generally speaking health insurance providers require that they be your natural children or your adopted children in order for them to be added to your health insurance policy.  Yes, the are YOUR children but they are not his. If they indeed allow it then it may be a good idea to place them on the insurance to allow him additional funds and maybe additional money for you.  You will need to modify your agreement or court order.  But I think that it would be fine to add them even if you choose not to give him the benefit of the coverage but it may backfire on you.  Ask an attorney in your area about strategy here  Good luck. 


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