My group health benefit plan will not cover two spouses.

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My common law partner and I both have legal separation agreements. The separation agreements covers both our exes and now I'd like my partner to be covered instead. How does this work? Can this condition be removed at any time? My group health benefit plan will not cover two spouses. What if the plan administrator decides that the exes are no longer eligible? What if I get divorced? If I file for a legal divorce can I change or remove that condition?

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Andrew J. Kania, LL.B., LL.M.

9 years ago

In essence, you are asking me to provide you with an answer that interprets signed Separation Agreements. I have no difficulty doing so; however I first must read the Separation Agreements. You are welcome to e-mail them to me and I will review them as part of a free consultation. Generally speaking, and I am not saying that this applies to you as I have not reviewed your Separation Agreements, the ability to cover a former spouse under a workplace benefits plan will end, and normally the latest time is upon a divorce. However, once again, I cannot provide you with any specific guidance until I have reviewed the Separation Agreements as your obligations may be different. You are welcome to telephone me at 877-668-9386 for a free consultation.

(The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Douglas Briand for a free consultation).

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