Around October 2013 my ex wife informed ...

Asked by Anonymous on 19-09-2021 03:50:09
Question posted in the Divorce Law category relating to Mpumalanga

Around October 2013 my ex wife informed me that she have decided to file divorceand moved out.

In 2014 a lawyer informed me that she has filed for divorce and that I must read and sign the agreement.

At first I did not want to sign it because of the matter that the contract stated I must keep her on my medical aid and at the  current plan. 

I queried this as she had a job of her own at at the time had free accommodation as well and I sent an email to her to query this medical aid question. I was prepared to keep her on my medical aid until she got her own. 

On reply to my email she informed me that she acknowledged and is aware that she has to get her own medical aid as soon as possible, and that she is prepared to sign to that. But she just want to proceed with the agreement and that she want to submit the signed agreement as soon as possible to her lawyer, and that se requested me to sign it because she wanted to finish the divorce case as soon as possible.

The fact that she mentioned on the e-mail that she said she acknowledged and was aware that she must get her own medical aid as soon as possible in writing, made me believe that she would do this and I signed the document and returned it to her.

She went to court and in May 2015 by the divorce case was finalized.

About 2 years later I wrote her another mail quoting her e-mail where she made me believe she would get her own medical aid as soos as possible, but then her only reply was that she is not going to get her own medical aid and that is the end of the story as the court order does not mention that.

I feel I was fooled, and not knowing anything about divorces and courts and court orders, and being in a state of shock and confusion becaus of her sudden decision to divorce I trusted her words on her email. 

What I understood from her mail was that if I signed that contract dispite that it said I must keep her on the medical aid (It did not say how long or anything) , that she would actually get her own medical aid as soom as possible as she said.

Now, six years later I am still paying her medical aid. She still appears as my spouse on my medical aid. In the meantime I met someone else and want to get ingaged, but I cannot add my fiancee on my medical aid as a spouse because I alread have a spouse on my medical aid. This is problematic. My fiancee is unemployed and does not have any medical aid. 

Another problem is that I am on a very expensive option of the medical aid and I cannot afford it. I wish to go to a lower option but I also cannot do this because of the contract. 

I think 6 years paying for her medical aid is enough time for her to have taken out her own medical aid? She is working for many years at the same company and went on overseas holidays twice since our divorce, and didn't pay rent for about 5 years.

I also have to pay my house payment alone and she also claimed have of the income if the house should be sold. I nearly lost the house because I could not afford the payments at a time. She does bot contribute to the house payment at all and never has. But apparently can claim half should it be sold. Within months after the divorce my pension fund also transferred 50% of my pension at the time to her, and I had to start all over building a pension.

If you would like to view the entire answer, you will need to either login or register a FREE account.

Disclaimer

DISCLAIMER: Advice or answers from Lawyers on SA Legal Advice are not substitutes for the proper advice of an Lawyer. SA Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not SA Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.