MustI reimburse my ex-wife’s insurance payments if I was ordered to paythem but 3 years have since elapsed?

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MustI reimburse my ex-wife’s insurance payments if I was ordered to paythem but 3 years have since elapsed?

My dissolution states that I am required to pay 75% of my ex-wife’s insurance premium in the first year after our dissolution if my employers insurance will not allow her to be on it. My employer would not allow that, so she asked me 3 years after she obtained personal insurance for reimbursment. Will I still be required to pay for it even after it had been so long? It does not say a time to which she has to request it but 3 years is a long time.

Asked on August 6, 2010 under Family Law, Ohio

Answers:

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

Answered 11 years ago | Contributor

Unfortunately, I would say that "yes" you have to pay.  The agreement between you and your ex wife is a contract and you agreed to abide by the terns of the contract or you are considered to be in "breach" and can be sued.  The time for suit on a contract varies from state to state and may differ for matrimonial agreements, although I doubt it.  That is known as a Statute of Limitations and I believe that Ohio is 15 years in a contract action. It may be best for you to take the agreement to an attorney in your area to read and review so that you know exactly where you stand on the matter.  But if I had to say "yes" or "no" I would lean toward the affirmative. 


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