Sunday, September 12, 2010
Upon remarriage, do you still have to cover the ex-spouse on health insurance?
The obligation to provide health insurance to an ex-spouse is spelled out in the divorce decree. If the decree incorporates a separation agreement, the separation agreement will describe the obligation. The problem is that a family plan which will cover an ex-spouse after a divorce, won’t continue to cover the ex-spouse after remarriage. Massachusetts treats an ex-spouse as a current spouse for health insurance purposes but this terminates upon remarriage as the new spouse is now covered under the family plan. At this time, you won't be able to cover your ex-spouse on your health insurance as you can only have one spouse covered. If you are required to provide health insurance and you can’t cover under a family plan you may have to purchase a separate policy for your ex. It all depends on the wording of your divorce judgment.