If my ex-husband is not payingthe court ordered amount of health insurance, what can I do?

I was divorced 5 years ago. My divorce decree states that my e-husband stays on my medical insurance if he pays the difference over a single plan.He has never paid me and I was trying to help him get back on his feet so I told him he could pay me back when he was back to work. He quit his job instead and will not pay me for the insurance. He is harassing me because I told him I would not pay it anymore and would take him off the policy. How do I get him off my medical insurance or can I even do that? please help me. I’m afraid of him.

Asked on August 18, 2011 Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

1) A divorce decree is enforceable against both parties. If one party is not honoring his or her obligations, the other can bring a legal action to force that person to do what the decree says, for monetary damages, and/or for a court order stating that he or she is let out of his or her obligations owing to the ex-spouse's failure. You could likely take him off the plan without a court order, since he's not paying what he should, but it would be better to get the court order to avoid later legal challenges or claims by him.

2) Note that it is not clear that you *can* keep your ex-spouse on your current plan, no matter what the court order says--you need to see what the eligibility is for that plan, but it may be that only current spouses, not fiances, not ex-spouses, not significant others, etc. can be on the plan. If you have notified your plan administrator of the change in marital status, you'd have no liability, but if you never notified them of the divorce but kept your ex on your plan as if you were still married, it's possible you have committed insurance fraud.

You should discuss both 1) and 2) above with an attorney, to see the best way to get the ex-spouse off the plan, to check whether he even *can* be on the plan (bring documentation relating to the plan with you), and also to see if you have any liability or exposure. You can also discuss your fears with your attorney; you may wish to get a protective order, for example. Good luck.


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