Legal Question in Family Law in Massachusetts
Per divorce agreement I must carry ex-wife on health insurance as long as I have to carry family coverage having 21 year old daughter who is a full time student. I am being offered a plus one option which is coverage for myself plus one other (my daughter) which saves me around $50 per week on my premium over family coverage. My question is seeing am offered an alternative to family coverage can I accept this option and drop my ex from the insurance?
2 Answers from Attorneys
You must obey the divorce judgment. I suggest that you start by reading the Judgment carefully. It may have language that requires your ex-wife to reimburse you the $50.00 per week. If not, read the agreement to see if you can modify the insurance provision. If so, you can file a modification.
Unless your divorce judgment says you can drop your ex- you can't drop her coverage. If it does not allow it, you can seek a modification. However, be careful in seeking a modification, as your ex-may seek her own modification if it is permitted under the agreement.
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Asked 5/09/13, 11:12 am in United States Massachusetts Family Law, Divorce, Child Custody and Adoption