Additional Information:

As part of our divorce settlement I’m supposed to keep my ex wife on my health insurance. We have no kids. Now I’m getting re-married and I’m wondering what the heck I should do because I’m pretty sure the insurance company isn’t going to let me have two wives on my health insurance policy. How do I fix this? Can I remove my ex from the health insurance?

ATTORNEY ANSWER:

The “fix” to your situation depends on the language in your separation agreement. In most separation agreements, the provisions covering health insurance generally contain language that states the former spouse is covered so long as eligible for such under the insured spouse’s plan.  First, you need to read your agreement and see if it states this.  Next, contact your HR department or insurance company and get confirmation that they are not covering former spouses if the employee remarries.   If they will cover, obviously you’re all set.   If not, you will need to send a written note (e-mail is fine) to your former wife letting her know that you are getting married (assuming you have not yet told her) and your insurance will not cover her once you remarry.  You should further tell her that your understanding is that your employer will be sending her notice of a termination date and her available options for coverage under COBRA.  The one caveat to consider is that you could have obligations to pay for COBRA depending on how the health insurance provision in your settlement agreement was worded. If you have additional questions, please do not hesitate to contact me directly. Thank you and good luck.

The Merrimack Valley Divorce Attorneys at Berid & Schutzbank serve all of Middlesex County, Essex County, Worcester County, and the Merrimack Valley region including Andover, Billerica, Burlington, Carlisle, Chelmsford, Dracut, Dunstable, Groton, Lawrence, Lowell, Methuen, North Andover, Pepperell, Tewksbury, Westford, and Wilmington Massachusetts.

Categories: Family Law & Divorce Questions and Questions & Answers.