Legal Question in Family Law in Massachusetts

Health insurance coverage
My girlfriends divorce clearly states her ex is to maintain his current insurance for her and kids (which he has since 2002). Recently he re-married, cancelled his policy and had his new wife put he and kids on her plan. They say my girl can be added for $300-$400. Didn't he violate the order as soon as he cancelled the current policy?
Thank you.

Asked on 11/13/08, 10:52 pm

2 Answers from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

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Re: Health insurance coverage

Most Separation Agreements require the carrying of the ex-spouse only so long as the ex-spouse can be carried at no additional expense on the family plan. The remarriage usually causes this situation, and your girlfriend probably does not have a remedy here. However, I would have to read the agreement or judgment language to be 100% sure. It is usually not deemed a contempt to refuse to fib to your employer and insurance company about your remarriage. The group insurance plan only allows one spouse at a time, and that's the current wife. Thus, he cannot carry your girlfriend at no additional expense -- to do so, he has to fail to disclose his marital status when it's relevant to the insurance.

Yes, this stuff sometimes gets dizzying.

Again, this is a "normal case" opinion. Where there are special circumstances, or the judgment is stated without the usual caveat, he may be in contempt.

Answered on 11/14/08, 5:36 am

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