Tuesday, May 14th, 2013
You will be divorced in 120 days after you go to court for your hearing if it was an uncontested case. As to health insurance, you will be covered as a spouse until that period has ended (your divorce is final) and the insurance company or employer is notified of the divorce. Whether you owe your spouse any payment for health insurance prior to that time would be determined by language in the separation agreement. If it is silent, most people would interpret that as meaning the spouse currently having the payment taken from the paycheck will continue to do so until the divorce is final without contribution. The two of you may vary that and start earlier. Confirm that your employer follows MA statutes and will cover you post divorce. Many employers are not subject to the statute due to the fact they are “self insured”. Look to the employer’s summary plan description to determine whether the company is self insured.