Your email address:


Powered by FeedBlitz

My Photo

Top 100 Family Law Blogs

All Top Family Law Blogs

Top Family Law Blogs

Justia Family Law Blawgs

VISIT MY WEBSITE

RESOURCES - SINGLE AND DIVORCING PARENTS

« Calculate parenting time overnights | Main | How many parents may a baby have? »

Comments

Melissa, I am relying upon federal law. ERISA trumps state law. I believe that the federal resources cited above are clear on what constitutes a qualifying event per ERISA.

In Michigan, employers have often overlooked this ERISA requirement. My point was -- we cannot continue to rely upon this since insurers are becoming even more proactive about investigating to avoid payment of catastrophic claims.

Jeanne: Thank you for writing about the important topic of qualifying events in divorce cases that may trigger ERISA and cause the clock to tick on when insurance coverage may end. I disagree with one aspect of your column. I wrote an article about COBRA, http://scdivorcelaw.com/wp-content/uploads/2009/08/Cobra-Do-Not-Let-It-Bite-You-or-Your-Client-00027431.PDF, and my research indicates that legal separations and divorces are triggering events but orders of separate maintenance are a loophole. SC does not have legal separations so this loophole is valuable to SC litigants who obtain an Order of Separate Maintenance and Support. While all financial and child related issues in their marriages are resolved, they remain married and can remain on their spouse's insurance and ERISA's triggering events are not triggered. If you have discovered law to the contrary, please let me know because I will update my article.

Thanks!
Melissa

The comments to this entry are closed.

Toolbox

January 2018

Sun Mon Tue Wed Thu Fri Sat
  1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31      

Other Resources

Disclaimer

Blog powered by Typepad