Legal Question in Family Law in Massachusetts

Re: health insurance

It is really hard to answer unless you give us the wording that is in your seperation agreement.

With that being said, sometimes in the agreement it says something like "one spouse will cover the other as long as they carry insurance with their employer and/or they have health insurance capable to cover them."

Your employer's "human resources" or "insurance carrier" should have properly notified your ex that he was no longer covered and he could opt for Cobra. Did they do this?

In any event, if you could email me back with the exact wording of the insurance portion it would be more helpful. I highly doubt however, that the wording would be that you cover the ex whether or not your capable of coverage. Most likely, if you are unable to obtain coverage your off the hook.

However, I would follow up with your employer to assure he was notified properly under the laws of insurance. Good luck.

Sincerely, Maria Murber

Re: health insurance

he divorce agreement became an order of the court. If it does not have a clause that allows you to stop coverage if you are no longer working, you need to file a complaint for modification to change the order to allow you to stop covering him.

Otherwise, he can file a complaint for contempt, although you had no choice in the matter (I assume).