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I am in the process of a divorce in Massachusetts. Both my husband and I live in MA, and my husband covers our health insurance

Brockton, MA |

My husbands company relocated to another state (CT), but has locations still in MA. He works from home, but reports to the office in CT. We were both under the impression that he would continue to cover my health insurance until one of us remarried. Does this still apply with his employer based out of CT?

We have been using a mediator, instead of goint the lawyer route, as we both feel there is a certain level of respect and adoration. The mediator found it odd that my husbands HR department stated that they do not continue coverage for a spouse once the divorce is final. We were both told that because we live and were married in MA, MA laws govern the marriage/divorce. Please advise if his health insurance provider can release me from the plan once the marriage is dissolved.

Attorney Answers 2


It depends whether the employer's plan is self insured or not. If the employer is self insured, the employer need not keep you on the health plan. If the employer is fully insured (i.e., not self insured), the employer likely must keep you on the plan. It is important to understand the status of the employer's health insurance who employed your husband at the time of your divorce. Note that I am not a matrimonial lawyer and I am just answering this based on personal experience (and finding out the hard way). Hopefully, a matrimonial lawyer on Avvo will respond - there are many good ones.

Mr. Thomas is licensed to practice law in Massachusetts. This response is not legal advice and does not create an attorney/client relationship. This response is in the form of legal education and is intended to provide general information about the matter within the question. Often, the question does not include significant and important facts and timelines that, if known, could significantly change the reply. Mr. Thomas strongly advises the questioner to confer with an attorney to make sure he or she gets all relevant information to make informed decisions about the subject matter.

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1 lawyer agrees


Attorney Thomas is on the right path. The key is understanding the terms of the health insurance plan. I suggest you contact a local attorney.

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