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Massachusetts Law - Must The Payer Keep The Spouse On His/Her Health Insurance? Under COBRA (the Consolidated Omnibus Budget Reconciliation Act of 1986), if your spouse's employer has 20 employees or more, your spouse's employer must allow you to have a policy with its health insurer for 3 years after the divorce. Under Massachusetts state law, if the spouse who is paying alimony has health insurance, he or she must include the spouse in his or her coverage, or obtain coverage elsewhere for the spouse, or reimburse the spouse for the cost of the health insurance. In no event will the alimony set be allowed to decrease because of health insurance coverage for the spouse. Section 34. Cases: Zeh (1993) 618 NE2d 1376 (The court was obligated to consider and award health insurance to the spouse once it awarded alimony.) Barron (1990) 556 NE2d 111 (The husband operated a business of which he was the sole employee. During the marriage, he sold the business to his son, for an amount that was possibly below market value. The court forced the husband to pay medical insurance for the wife and to increase her alimony and make it permanent.)
Disclaimer: We are not giving legal advice. No warranties. We disclaim all legal liability. More... Click here to go to top Massachusetts legal page. Click here for the Massachusetts divorce legal table of contents. | |||||||||||||||||||||||||
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