Cost of Insurance As Alimony In Divorce There are many issues that must be settled in a divorce proceeding. One of the most critical discussions with respect to such is whether or not the cost of insurance as alimony in divorce may be allowed. A lot of parties want to find out if it is possible to include the payment of the insurance in the amount of alimony that one spouse may be adjudged liable to pay. In our jurisdiction, the general rule is that alimony does not cover the cost of insurance. However, there are several exceptions to this rule. One of which is the inclusion of the health coverage in the alimony that a particular party may be entitled to receive. In a situation where a person is dependent on his or her spouse to pay for the cost of insurance during the marriage and the same person does not have sufficient properties after the divorce, then the court may require the other party to continue the coverage. The judges in the Family Court are given wide discretion to decide the cases filed before them. However, this does not give them a right to arbitrarily decide the issues and disputes presented by the litigants. They have to cite the legal basis for their rulings as well as the facts and circumstances of each case that affected their judgment. Verily, a judge can have different rulings in each case as to the inclusion of the cost of insurance in the amount of alimony. It really depends on how the judge would appreciate the legal arguments presented by each party litigant. If you are the spouse who wants to include the insurance coverage as part of the alimony, it is imperative that you include it in your petition. Make sure that there is a prayer for the payment of the insurance included in the amount of alimony that can be demanded from the other spouse. When there is failure to raise the said issue, the court will consider it as a waiver on your part. As a result of the omission, the judge may prevent you from claiming it in the future. To ensure that this is done properly, you need to talk to your lawyer regularly. Ask your legal counsel to prepare all the necessary documents and papers that must be submitted in court. At the same time, also keep yourself updated with all the things happening in your case.
For legal advice, contact me today! Sterling Law Offices, S.C 731 Main st. Racine, WI 53403 (262) 425-5656 https://www.sterlinglawyers.com/wisconsin/locations/racine/