A common post-divorce issue is that of health insurance. Often, a Separation Agreement or Judgment of Divorce refers to the applicability of M.G.L. c. 175, sec. 110I, then makes reference to what happens if there is an additional cost to keep the former spouse covered. Because this issue comes up so much, I suspect that many people do not know or fully understand what that provision means, and they see the issue of health insurance as minimal compared to child support or custody, who gets the house, and how much money will be changing hands.
In most relevant part, the statute provides that “the person who was the spouse of said member prior to the issuance of such judgment shall be and remain eligible for benefits under said plan…without additional premium or examination therefore…provided, however, that such eligibility shall not be required if said judgment so provides. Such eligibility shall continue through the member’s participation in the plan until the remarriage of either the member or such spouse, or until such time as provided by said judgment, whichever is earlier.” Keep in mind that this statute does not apply to those companies that are self-insured. Check with your personnel department to find out.
Many divorced people are so happy to get rid of their ex that they run to the personnel department of their company, tell them they are divorced, and that now the ex-spouse must come off the insurance. In doing this, you are taking a big risk that the company will unilaterally discontinue coverage of the former spouse without knowing or interpreting exactly what the divorce decree calls for.
In this event, medical bills may be rejected for payment, or there may be a lapse in coverage. The former spouse would then have a valid action for Contempt, and the member spouse could become responsible for not only the unpaid medical bills, but attorneys fees as well. The bottom line is that if you are unclear about your rights and your former spouses rights when it comes to health insurance, consult not only your divorce decree, but your attorney for clarification and review.
By: Melissa R. Gillis, Esq.
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