Guest cjangelmine Posted September 1, 2005 Posted September 1, 2005 Employee with FSA no longer living with spouse - has filed for divorce, however, with court dates and whatnot, probably will not be finaled until about march or april of 2006. If letter from the lawyer stating that divorce has been filed can that be considered change in status?
Guest nsacramento Posted September 12, 2005 Posted September 12, 2005 A filed request for dissolution of marriage, is a not a divorce until the judge states so with the final divorce decree. This would not be a qualified status change for the FSA.
Lori Friedman Posted September 12, 2005 Posted September 12, 2005 Some states provide for decrees of separate maintenance (legal separations). Under Reg. Sec. 1.125-4©(2)(i), a legal separation is a qualifying change-in-status event for an election change. You might want to ask your client: (1) if the applicable state law allows for a legal separation, and (2) if yes, if the individual will have a decree of separate maintenace before his/her divorce becomes final. Lori Friedman
JDuns Posted September 12, 2005 Posted September 12, 2005 While I agree with Lori that a legal separation is a qualifying status change, I think that "legal separation" does not refer to the interim separation agreement status that is part of many divorce / dissolution proceedings. From prior conversations with divorce attorney's, the legal separation process generally takes as long and costs as much as a full divorce.
Guest cjangelmine Posted September 19, 2005 Posted September 19, 2005 Thanks for the information, employee is checking with his lawyer about the states laws.
david rigby Posted September 19, 2005 Posted September 19, 2005 Perhaps this is behind the curve, but some states do not define "legally separated" and a couple can become legally separated merely by starting to live apart, without regard to a court or other agreement. Anyone? I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.
oriecat Posted September 19, 2005 Posted September 19, 2005 Seems like if a state doesn't define "legally separated" then there would be no way for them to be "legally separated". Living apart would be separated, but not legally. Or so it would seem to me.
WDIK Posted September 19, 2005 Posted September 19, 2005 From prior conversations with divorce attorney's, the legal separation process generally takes as long and costs as much as a full divorce. Until now!! http://www.myshoppingonline.com/separation/separationold.htm (Views expressed in the preceding link do not necessarily reflect the opinions of this member or his management.) ...but then again, What Do I Know?
david rigby Posted September 20, 2005 Posted September 20, 2005 Living apart would be separated, but not legally. Or so it would seem to me. You could be correct, but how it "seems" to you may have nothing to do with the law. I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.
oriecat Posted September 20, 2005 Posted September 20, 2005 It seems like I should get to make the laws, but it just hasn't happened yet.
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