It takes 90 days for divorce to become final

I work for a big company and carry our family health insurance. When we reached our divorce agreement, I was required to keep the insurance in place for our kids and my now exhusband, but only for three months for my ex. I understood I had to wait until the divorce was final to notify my employer, which I did last month.

I just got served with a complaint for contempt for failing to keep my ex-husband insured until three months after the divorce. I do not understand what happened or why but, from the paperwork, it looks like my employer retroactively terminated my husband’s health insurance back to early last December when we saw the judge. It also looks like my ex underwent every preventative exam and test known to man later on in December, probably because I had met the family deductible at that point in the year and he intended to get a lower level policy for himself this spring when his coverage ended.

He now has thousands of dollars in uninsured medical expenses that he is asking the judge to make me pay. I don’t know why this happened or how I can fix it.

It sounds like your employer only has a copy of the Judgment of Divorce Nisi — not the Judgment of Divorce Absolute. Once you appear in front of the judge with your agreement, the judge issues the Judgment Nisi, which starts the 90-day waiting period for your divorce to become final and absolute. Until the expiration of those 90 days, you are still legally married. If, as in your case, Dec. 31 occurs during that time frame, you can still file a joint income tax return with your former spouse. Most importantly for you, for purposes of employer-sponsored health insurance plans, you are still married and thus he remains covered.

Most people do not realize the court does not send any additional paperwork in the mail after the 90-day waiting period expires. The divorce becomes final and absolute merely by the passage of time. You can get a copy of the final judgment by mailing a letter to the court requesting a certified copy of the Judgment of Divorce Absolute. You need to enclose a $20 check and a self-addressed stamped envelope. Within a few weeks, you will receive your copy.

Meanwhile, notify your HR department ASAP of their error and ask them to reinstate your ex’s health insurance back to December. Advise them that you are in the process of obtaining a copy of the final judgment and will provide it upon receipt. Be sure to communicate this in writing. If his insurance is reinstated, bring a copy of that notice to court. If not, bring copies of your communications to HR along with your letter requesting the judgment absolute to prove this was not an intentional violation of the agreement.