Legal Question in Family Law in Massachusetts

I am legally seperated living in my own place and about to file the divorce paperwork, I still have my ex on my medical insurance through my work can I take her off legally.


Asked on 5/08/11, 4:21 am

3 Answers from Attorneys

Richard Kell Law Office of Richard B. Kell

No, you should not remove your spouse from your employer-provided health insurance. That is something that must be addressed in a separation agreement or court order later in the divorce process.

If you really need to do this sooner rather than later, then you may be able to have it addressed in a temporary orders hearing. This requires a motion, and you should really speak a divorce attorney first.

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Answered on 5/08/11, 7:07 am
Wyckoff Nissenbaum The Law Office of Wyckoff Nissenbaum

Upon the filing of the complaint for divorce there is an automatic restraining order that goes into effect that stops any changes in health insurance. It is important to remember that all retaliatory actions will be stated to the judge and hurt the offending party in the long term. Speak with an attorney for case specific information.

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Answered on 5/08/11, 7:52 am
Christopher Vaughn-Martel Charles River Law Partners, LLC

I agree that you should refrain from unilaterally cutting your spouse off from health insurance. There is no legal status of 'separation' in Massachusetts, and you are either married or not married.

My advice would be to meet with an attorney and see if you can iron out the specifics of an amicable divorce. There are a number of options, including making the other spouse pay for any additional cost associated with keeping them on your insurance, etc.

Please feel free to contact our office at 617-357-4898 and ask about our flat fees and payment plans. Good luck!

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Answered on 5/09/11, 7:51 am


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