Legal Question in Family Law in Massachusetts

Medical coverage of a spouse after a divorce.

I am wondering if I have to keep my wife on my medical plan after a divorce. My wife is a stay at home mom. Do I need to still cover her or can I drop her from my plan?

I am the sole bread winner.


Asked on 10/21/05, 6:53 pm

2 Answers from Attorneys

Raymond P. Bilodeau Law Office of Raymond P. Bilodeau

Re: Medical coverage of a spouse after a divorce.

Your divorce decree or agreement should have a provision about that. If there is no provision, you should check if she has her own coverage, especially if she has remarried. If she does not have coverage, you may want to discuss it with her. If you have to cover any children, you have a family plan and it shouldn't cost you any more for her coverage.

If it is just you and her, and the court order says nothing, you can remove her. She may file for a modification to keep her on. If it has been a few years since the divorce, she may not succeed. If it has only been months, you may not succeed.

If you both had lawyers, it may make it harder for her to win. If only you had a lawyer, she may find it easier.

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Answered on 10/21/05, 8:03 pm
Maria Murber Law Offices of Maria Murber, PC

Re: Medical coverage of a spouse after a divorce.

Dear Sir: If you are presently divorced there should be a provision in your decree in regard to same. Have an attorney review it for you.

If you are not currently divorced, and you have always been the "bread winner" and insurance carrier, it could become part of the finally decree that your children be covered and also your ex-spouse following certain conditions (co-pays, etc.) Sometimes, it will be just the children. Whether you are divorced or not, you should meet with an attorney to discuss and review any documentation (insurance provision if currently divorced)you have. Good luck. Sincerely, Maria Murber

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Answered on 10/23/05, 7:13 am


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