Is it illegal to provide an ex-spouse employment to keep health benefits even though they do not work for the company?

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Is it illegal to provide an ex-spouse employment to keep health benefits even though they do not work for the company?

Asked on August 2, 2011 New Jersey

Answers:

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

Answered 9 years ago | Contributor

It has nothing to do really with the fact that it is your ex spouse here.  Yes, it is illegal to state that a person works for a company when they do not just to obtain insurance.  It is insurance fraud. Were yo thinking of puting them on the payroll to and paying payroll taxes on them?  And in to social security?  Are you trying to do something nice for your spouse or are you obligated to provide health insurance for your ex spouse under your divorce decree? Either way you can not go the route that you intend to go here so think about another way to get the same result.  Good luck to you.


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