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Do I have to keep my wife on my insurance policy after our divorce has finalized? Does the 120 day rule apply?

Asked over 2 years ago - Mashpee, MA

My divorce was recently finalized and I am aware of the fact that in MA there is a 120 day waiting period for a no fault finding to be ultimately sealed. Does this waiting period require me to continue coverage for my ex wife or is this simply a period of waiting? Nowhere in the divorce decree does it state that I am liable for any future coverage. Just want to know if I can cancel now or do I have to wait it out.

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Attorney answers (2)

Nancy M Von Kittlitz

Reputation Level 10

Answered over 2 years ago. Trusts Attorney in Amesbury, MA.

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Whether or not there is a 90 day waiting period or a 120 day waiting period for a divorce to become absolute or final does not depend on the grounds, it depends on how long the divorce had been on file prior to the final hearing. By "coverage" I will assume you mean health insurance. I would be surprised if that is not addressed in your separation agreement and suggest that you reread it. Otherwise, consult with an attorney to determine when in your case it is permissible to stop coverage.

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Henry Lebensbaum

Reputation Level 16

Answered over 2 years ago. Criminal Defense Attorney in Andover, MA.

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If the order is silent on insurance coverage, and that would be rare, then any temporary orders would control until the Nisi period is over. That it what I would wait for.

As a practical matter, I would suggest that you wait.

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