2016 WL 4123920 (Del. 2016)
Alexander Jones and Adriana Jones were parties to divorce proceedings in the Family Court of the State of Delaware under File No. CN12-04851 and Petition Nos. 14-17806 and 15-09995.1 The Family Court entered the parties' stipulation on property division, awarded alimony to Adriana Jones, and ordered Alexander Jones to pay an additional monthly amount for unpaid interim alimony.2
Alexander Jones appealed to the Supreme Court of Delaware, Docket No. 541, 2015.3 The Supreme Court found most of his arguments without merit.4 It remanded for the Family Court to explain how it concluded that Adriana Jones's monthly medical expenses of $300 and health insurance of $715 were reasonable, or to make a determination of the reasonableness of the claim based upon an expanded record.5 The Family Court held a hearing to expand the record and issued an order with its findings, after which the matter was returned from remand.6
At the hearing, Adriana Jones testified that the cost of COBRA medical insurance through Alexander Jones's employer was $715 a month.7 She also testified that she was unable to pay for that insurance because Alexander Jones failed to pay alimony as ordered by the Family Court.8 As a result, she now receives medical benefits through Medicaid.9 Alexander Jones does not dispute that he has failed to pay Adriana Jones any alimony.10
Adriana Jones submitted evidence of out of pocket medical expenses amounting to $143.57 per month.11
Whether Adriana Jones's monthly health insurance expense of $715 is reasonable?12
The reasonableness of a spouse's health insurance expense for alimony is determined by considering the actual cost of coverage and whether the spouse's inability to pay stems from the other spouse's failure to comply with court-ordered alimony.13
Yes. The testimony established that the cost of COBRA medical insurance through Alexander Jones's employer was $715 a month.14 Adriana Jones was unable to pay for that insurance because Alexander Jones failed to pay alimony as ordered by the Family Court.15 As a result, she now receives medical benefits through Medicaid.
Alexander Jones does not dispute that he has failed to pay Adriana Jones any alimony. The Supreme Court agreed with the Family Court that Alexander Jones should not benefit from his refusal to pay alimony.16
Adriana Jones's monthly health insurance expense of $715 is reasonable.17
Whether Adriana Jones's out-of-pocket medical expenses of $143.57 per month are reasonable?18
Out-of-pocket medical expenses claimed for alimony are reasonable when supported by submitted evidence of actual monthly amounts considered under the parties' overall circumstances.19
Yes. Out-of-pocket medical expenses are reasonable for alimony purposes when the claimant submits evidence of the actual amounts incurred each month and the court evaluates them in light of the parties' circumstances.20 Adriana Jones submitted evidence of expenses amounting to $143.57 per month. The Supreme Court reviewed this evidence after the remand hearing and concluded that this amount was reasonable under the circumstances when combined with the health insurance expense.21
Adriana Jones's out-of-pocket medical expenses of $143.57 per month are reasonable.22