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September 2017 Archives

Health Insurance in Divorce

Going through a divorce naturally results in a multitude of life changes, both individually as a person and collectively as a family. A good example of such changes is the handling of health insurance for spouses and children. In most cases, the entire family receives health insurance through one of the spouse's employer-sponsored health plans or through an insurance exchange, with the constant variable being that there is one plan. Naturally, for both legal and practical reasons, that must change during a divorce.

"DISCOVERY" - The Bane of All Litigation!

In virtually every form of litigation, from divorce and other family law matters; to a personal injury action; to a contract dispute; or, to a claim for legal malpractice, you can always count on having to participate in the process known as "Discovery." This will most often take the form of having to answer written questions, known as "Interrogatories;" and, having to produce documents sought through a "Request for Production of Documents." These will no doubt be extremely time-consuming; invasive of your privacy; and, oftentimes, seemingly irrelevant to the true matter at issue in the litigation. The "Discovery" process can also be quite expensive in terms of attorneys fees; however, here are a few helpful hints designed to minimize the fees that you will incur in traversing the "discovery" minefield:

My Spouse Was Laid Off and Given a Severance. How Will This Affect Our Pending Divorce?

A party losing their employment, whether voluntarily or involuntarily, can have earth-shattering ramifications for a divorce at any stage, whether during the divorce process or after a divorce decree has already been entered. This is particularly true where spousal support or child support is being paid by one party to the other. Typically, a loss of employment income can be a trigger for a reduction of those support amounts, as the payor will claim they do not have sufficient income to pay support at the same level. Where the loss of employment is involuntary, such a request may well be granted. However, the payor receiving a severance from their employer could change that outcome in several ways.

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Duff Kronfeld & Marquardt P.C.
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