Legal Question in Family Law in Massachusetts
Health Benefits after divorce in MA
My wife and I are divorcing soon.
Hopefully an uncomested divorce.
She make 74K and I make 24K.
We have agreed on all issue except for one. Her company does not have medical coverage and my company payes half of mine (not a self insured plan). Initially we agreed I was going to keep my family plan, for 3-4 yrs or less, if possible, (maybe use school HTH plan for daughter in college) and my wife would get her own single plan. We each would be responsible for our own premiums. However, she spoke with a '' divorced friend at work'' who stated her husband has to provide medicial coverage in MA. because his employer is the only one with a medical plan, which is just like our situation. Based on what I have read, I am not sure that is true. I believe in the friends case, it was probably a negotiated item. What is the Law in MASS on HTH care after divorce? It is correct in stating my wife cannot stay on my Family Plan? Would my wife be on Cobra through my employer and should she be responsible for the premiums based on her salary, if all other Seperation Agreement items are about equal.
2 Answers from Attorneys
Health Benefits after divorce in MA
You did not state if there are children.
Assuming there are no children, and given the differences in earning, you will probably not be required to pay for her medical insurance coverage.
The arrangement that is usually made, assuming your health insurer permits, is that if she can be covered, she will be required to pay anything over what you would have paid if you just had a plan that covered you.
Should you have any questions, please contact me.
Re: Health Benefits after divorce in MA
Is your daughter in college yet? Although, the court does want the one whom has insurance coverage to keep the family on, due to the difference in your incomes, your wife would most likely be required to pay your insurance company for her share.
Also, if your daughter is not in college and even when she is, there will be child support to be considered.
Depending on the length of your marriage and other factors, you could even be entitled to alimony.
Feel free to email me and fill in all the gaps! Sincerely, Maria Murber
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