Legal Question in Family Law in New York
What will hold, this if I sign it, or the division of health cost as agreed in the Separation and Property Settlement Agreement executed January 5, 2011?
Addendum to separation agreement and property settlement agreement
RE: Compliance with Domestic Relations law 255(2)
Supreme Court of the State of New York
County of Erie
Defendant (. . . .) is aware that she will no longer be covered by the health insurance plan of plaintiff (. . .) and that each party shall be responsible for his or her own health insurance coverage, and may be entitled to purchase health insurance on his or her own through COBRA option, if available, and not withstanding provisions in the Separation and Property Settlement Agreement executed January 5, 2011.
1 Answer from Attorneys
If you are referring to your pro rata share of the children's health expenses, then DRL 255 does not apply. If you are referring to the health insurance of the other party I would need to see the stipulation of settlement to advise you on this matter.
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