Posts tagged "health insurance"

What Happens to My Health Insurance Post-Divorce?

In many divorce cases, the parties and their children maintain common health insurance coverage, often through a plan that is available as the result of one party's employment. If both parties are employed at the time of their divorce, then it is commonplace for each of them to agree to obtain and pay for his or her own individual health insurance post-divorce. However, in cases where one party will not have the ability to access reasonably priced health insurance post-divorce - normally because he or she is not eligible to receive full health insurance coverage through employment - the parties' Separation Agreement or Judgment of Divorce must address how each party will obtain and pay for their health insurance. Luckily, and depending on the specific insurance plan(s) at issue, Massachusetts allows individuals to remain on their ex-spouse's health and dental insurance plans post-divorce, as provided for in G. L. c. 175, 110I. Importantly, this right is not automatic; if one party intends to stay on an ex-spouse's health insurance plan post-divorce, then that entitlement must be specifically incorporated into the parties' Separation Agreement or Judgment of Divorce in order to be enforceable. 

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