August 2012 Archives

Health Insurance and the Divorce Litigant

In divorces, a frequent area of concern in the courts in Louisville is what happens with regard to health insurance.  A person previously covered under an employment plan offered by their spouse's employer generally comes to find that the 18 month continuation of COBRA benefits is so costly as to be impossible to obtain.  Compounding the difficulties for the older divorce litigant is the problem of insurance underwriting on policies for those who are sailing headlong through middle age - they may not qualify for coverage, and even if they do, the product that is offered is expensive and inadequate for the needs of the litigant.  When this occurs, a regular market based policy solution (if available at all) is as financially out of reach as the COBRA benefit, and has far reaching impacts on issues of spousal maintenance.

Remarrying a Former Spouse After Divorce - Starting From Scratch

I recently came across an article about an older couple that remarried nearly fifty years after getting a divorce.  While heartwarming to the point of nearly being maudlin, the story brought to mind the occasions that I've had to work with couples who were breaking up after a second attempt with each other (some having experienced intervening marriages to a third party).   Having worked in this area of the law for a number of years, I've noticed a definite pattern to these relationships; this pattern is marked by some legal realities that some parties find difficult to accept at first glance, and which serioulsy impact the eventual resolution of the case.

Family Law and Your Domestic Partnership/Same Sex Marriage

Kentucky has never been an easy place to try and maintain a domestic partnership; ordinary family law concerns have long been subordinate to the intrusions of culture war issues from the political realm.  In examining Kentucky law on domestic partnerships, in my opinion, our statutes have been drawn to clearly define marriage as a heteronormative institution - as a matter of official governmental policy, we deny recognition of same sex unions as well as the decrees of other states with regard to those unions.  Compounding this, Section 233A our Constitution makes it impossible to unwind those statutes by a vote of the majority of the legislature as it definitively prohibits any recognition as a matter of organic law that cannot be undone by a vote of the General Assembly.

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