Legal Question in Family Law in Massachusetts
I married a French citizen who was here on a work visa. He got his green card after we got married. He has a good job and carries the health benifits. I am currently in school and unemployed. Does he have to keep me on his insurance after we divorce? I was told that he had to in Massachusetts. If he goes back to France, do I lose my health insurance?
3 Answers from Attorneys
I believe the answer is no - it is not absolutely certain that he will have to keep you on his insurance after you divorce. If you are interested in filing an uncontested divorce petition, then the you can both decide together how you will manage health insurance going forward.
Most likely, if he moves to France, he will not be capable of providing you with health insurance. However, he could agree to pay you for the cost of obtaining health insurance on your own. If you are looking for representation in your anticipated divorce, please feel free to contact us.
As part of your separation agreement, you both can agree that you are to be on his health insurance for x amount of years. If he moves to France during that time, you may end up losing out on the insurance since he will be out of the jurisdiction of the U.S and Massachusetts. It's best that you consult with an attorney.
In MA, health insurance companies are required to make coverage available to their insured's former spouse at the same discounted rate they would otherwise have if they were still married. However, this does not mean that your husband will automatically be required to pay for your discounted share unless it is part of the divorce agreement. Moreover, health insurance coverage through your husband's employer will only be available to you at the discounted rate for as long as it is available to him. If he moves back to France and loses his eligibility, then you will lose the discounted rate and be in the same category as any other private pay individual.
If your husband has a good job and you have been dependent on him for some time, you need to consult with an attorney to explore the possibility of receiving spousal support and a fair division of any marital property/assets.
Related Questions & Answers
-
Asked 1/20/11, 9:54 pm in United States Massachusetts Family Law, Divorce, Child Custody and Adoption