Guest PRG Posted July 24, 2001 Posted July 24, 2001 Participant in cafeteria plan is divorced. Ex-spouse elects coverage under participant's group health plan under COBRA. Divorce agreement requires participant to pay ex-spouse's premium. May the participant use the cafeteria plan to pay the ex-spouse's premium on a pre-tax basis?
SLuskin Posted July 25, 2001 Posted July 25, 2001 I don't think this can be pretaxed because the ex-wife is no longer in the employee's "tax family". Contrast with this situation - health ins. says your kid has to come off your health plan because he is only taking 6 credit hours a semester. He is still your dependent for federal income tax purposes. The kid goes on COBRA, but you are paying the premium. That can be pretaxed until he is not your tax dependent anymore.
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