Legal Question in Family Law in Massachusetts
divorce modification
agreed to family health coverage in divorce (1996)children are no longer covered. divorce state coverage until remarriage of either partner which has not occurred. original intention was to cover the children. the ex-wife was lumped in under the term family coverage. it was never discussed that the ins would continue indefinitely. what are the chances of modifing the agreement. she is able to afford her own policy/have it covered as a business expense. she is half owner of a successful dry cleaning store on the north shore.
1 Answer from Attorneys
Re: divorce modification
Your statement is unclear.
Family coverage ususally deals with children who are dependents. The original intent is not controlling - the language in the separation agreement or jdugment of divorce controls.
A modification of the agreement is generally either by joint agreement or by some requirement that the original agreement has to be changed for a specific reason.
From what you have said or described I think you are suggesting that the financial situation and earnings have changed. The original need for the coverage is no longer present. In that case, you need to ascertain the cost of the modification as against the likely benefit if the modification succeeds.
If you require assistance or have any further questions, contact me.
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