Legal Question in Family Law in Massachusetts

It depends on the circumstances of your case (i.e. whether health insurance coverage is available to your Wife through her employment, what the cost is, who has been maintaining it throughout the marriage). Generally, the party who has been maintaining health insurance would continue to maintain it if it was reasonable and available. When paying child support, any funds spent on health insurance are taken into consideration in the child support calculation. With regards to your ex, you will likely have to maintain her on your plan if there is a family plan and you are ordered to maintain it (as there will be no extra cost to you). If there is an additional cost, you may be able to have her contribute the difference in cost.

The previous attorney's answer is excellent.

There is no hard and fast rule. If you and your spouse are cooperating, you have an opportunity to craft a divorce that meets your needs and that of your children. Otherwise, as has already been suggested, the maintenance of health insurance will depend upon a number of factors, including availibility of insurance, cost of insurance, prior history of insurance, etc.

If you would like retaining an attorney to assist you in your divorce, feel free to contact us at 617-357-4898.