Q: Will my husband maintain our health insurance during and after divorce in MA?
My husband and I are going through a divorce in Massachusetts, and he currently provides health insurance for me and our children. I earn slightly more than him. There are no court orders in place regarding health insurance, and I am concerned about coverage both during the divorce proceedings and after the divorce is finalized. We have discussed health insurance in our divorce negotiations. Will my husband be required to maintain health insurance coverage for us?
A:
He will definitely need to maintain the insurance during the divorce. There is an automatic (financial) restraining order that goes into effect at the start of the divorce (Supplemental Rule 411). That restraining order basically prohibits both parties from making any financial moves that damage the other party. That includes terminating or changing insurance coverage (health, auto, etc.), obtaining credit in the name of the other party, and a few other things.
As far as after the divorce, a lot depends on whether your spouse's employer offers coverage to former spouses. It is usually pretty easy to get information from employers about their policy. Sometimes it is beyond the parties' control. In any event, he would be able to maintain coverage for your kids and the worst case would be that you would need to get your own individual coverage. This issue is often resolved by agreement, it usually makes sense for the parties to figure out the most cost-effective way to cover the parties and the kids. The cost of insurance is factored into the child support calculation as well.
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