Legal Question in Family Law in Massachusetts
Hi When I got divorced . I don't think that my lawyer acted in my best interests. The problem is that if I get married again I still have to provide health insurance until the age of 65 , or she remarries or dies. She is on SSDI, and could use this insurance instead of mine. Is there any thing that I can do to change this at this time. I live in Massachusetts and the insurance commision states that if I get married again, the new wife goes on my policy, and I would have to pay my X for her on the Cobra plan for 18 months at a cost of $800.00 or more a month. Which I can't afford. Can anything be done to turn this around.
1 Answer from Attorneys
Assuming that your divorce agreement is modifiable, you can seek modification if you remarry. However, you may find that the remarriage alone will not suffice as a "material change in circumstance," as you and your lawyer presumably had that in mind when you wrote the agreement. Thus, remarriage alone would not be a significant change in circumstance, even if it would become costly to you.
I tend to doubt that Medicare alone would be deemed a sufficient substitute for the private insurance you have agreed to provide as a support term.
Without knowing more about your case, I cannot comment further. I would be happy to consult privately at my Boston office.
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