Legal Question in Family Law in Massachusetts

I have just recently been through what my attorney referred to as one of the worst divorces he's ever seen. My divorce is now final, but because my ex-husband was fired before the divorce was final, it became part of the separation agreement that I would have to carry him on my health insurance. Previous to him losing his job, he carried me on his plan and was ordered to keep the coverage until the divorce was final. However, he didn't do this, he refused to pick up the COBRA coverage and left me uninsured for 2 months. It was entered into our agreement that I would assume the responsibility for the health insurance for which he would reimburse me for his portion. As of this date, he has refused to give me the 2nd half of my settlement that I was supposed to receive after vacating the marital home, and has done everything possible to make it appear that I am refusing to add him to my insurance. In fact, I have tried, but he does things like writing the check to the insurance company for the incorrect amount and the insurance company refused to accept the check. He says that this is my doing. Now, even though I'm not required to pay for his insurance from my own funds, he's refusing to give me the money up front because he says he already did that and I sent it back to him. In an effort to end all of this once and for all, I have paid for the first month of his health insurance, sent him a copy of the check and enrollment papers. He claims he's not going to reimburse me until he gets an actual card. I just received a letter which serves as a temporary card until he chooses his PCP and they can send him an official card. I mailed this to him with a letter stating what he owes me and what he will owe me each month. I haven't gotten anything from him yet. I stated in the letter that I will discontinue his coverage if I don't received payment by the first Friday of each month. I am in a new relationship and things are going quite well. My partner has hinted at the idea of marriage several times. I would like to know what happens with the health insurance matter with my ex-husband if I were to remarry. Am I still required to carry him if I remarry?

Asked on 8/31/09, 12:55 pm

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

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You say alot, but one would have to review the terms of your separation agreement to determine your options.

As to the failure to recompense, if the court order so requires it, file an contempt action. let him make his excuses to the judge.

Answered on 9/07/09, 8:07 pm

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