Are braces or dental work or over the counter medicine covered under out of pocket medical expenses

UPDATED: Sep 30, 2022

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Are braces or dental work or over the counter medicine covered under out of pocket medical expenses

According to our divorce decree, my ex
is to pay the first 1200 of ‘out of
pocket medical’. The wording is medical

Are braces to align her lower jaw
considered medical or dental?
Also would over the counter medicine
such as allergy medicine be covered
under out of pocket expenses

Asked on March 22, 2016 under Family Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If there is a definition in the decree, follow that definition. But assuming that there is not, the common understanding of medical in this case would probably not include dental, since dental insurance is typically separate from medical insurance: that is, when there is no specific defintion in an order or agreement, the law defaults to the common understanding, and in common usage in insurance and reimbursement, "dental" is separate from "medical" (orthodonture especially is separate--sometimes emergency dental, like if teeth were cracked and had to be removed, may be considered a "medical" expense but braces almost never are).
It would most likely be considered to include OTC medicine, like allergy medicine.

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