Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY

Question #205:

I am divorced in New York State and the divorce states that I pay 70% of medical expenses.

My older daughter is 21 and away at medical school - the younger daughter is 19 and away at college.

I claim that I owe 70% of the DIFFERENCE between what health insurance costs my ex
for a "parent+1 child" plan MINUS what she would pay for a single plan on her own

My ex claims I owe 70% for her "family plan" for herself and both children.

* On a side note - my ex flex spends (FSA) the entire health care amount and pays very little given these tax breaks. The court didn't seem to consider FSA when splitting the incomes 70/30%

THANKS

Answer:


In order to properly answer your questions, I would have to review the
relevant provision in your Separation Agreement or court order that dealt with this matter
to see if your wife was to be covered by this provision as well as the children.
Generally, these matters are discussed separately.

The tax breaks your ex may receive should have been raised at the time
you negotiated your settlement or at the hearing before the judge.

Leonard M. Weiner, Esq./Divorce Solutions
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