Legal Question in Family Law in Massachusetts
Dental
My fianc�e pays for the dental insurance for his children. In his divorce agreement after the dental plan pays, the balance is to be split 50/50 between my fianc�e and his ex-wife. I can obtain a family dental plan through my employer which includes coverage for the children. This coverage would cover the balance not covered by his plan. His ex-wife feels her 50% of the balance should go through my insurance. Is she entitled to the use of my plan which I pay for?
3 Answers from Attorneys
Re: Dental
She is not entitled to mandate use of this plan, nor your payment for it. You should consider the cost-effectiveness aspect before deciding. If she were to agree to pay the cost -- and to make it a judgment of the court -- it would not be improper to obtain it.
Re: Dental
It seems fairly clear that ex-wife is still responsible to compensate or reimburse you for 1/2 of the cost of providing dental care beyond what your fiance's dental insurance covers.
Whether the coverage is paid by you in cash or directly through your new employer's insurance plan arguably shouldn't change the analysis. Ex- wife should still pay/reimburse 1/2 of that expense.
From her point of view, you are no longer paying for the balance of dental costs because it is covered by your employer's insurance plan. But your insurance plan is part of your compensation as an employee - it is just being applied toward insurance instead of toward your paycheck.
If the ex-wife pursues this matter or you require any further assistance, please do not hesitate to contact me.
www.vaughnmartel.com
Re: Dental
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