Divorce Laws in Massachusetts for Health Insurance

Divorce laws in Massachusetts address the obligation of a spouse to provide health insurance coverage options for the other spouse or any children involved in the legal proceedings. The specific laws regarding health insurance and divorce are found throughout Chapter 208 of the Massachusetts General Laws, or MGL.

Legal Separation

• The court may order a spouse to obtain or maintain health insurance coverage on a temporary basis for a child or spouse at the onset of the divorce proceedings, legal separation. The order may be revoked or amended anytime during the divorce proceedings at the judge's discretion under Chapter 208-20 of the MGL. The financial situation of both spouses is considered in determining whether or not health insurance coverage should be ordered.

Alimony

• A spouse who receives an alimony order, or court-ordered financial support from the other spouse for a period of time, is entitled to health insurance coverage if not on her own plan. The health insurance obligation of the paying spouse must be included in the alimony order, per Chapter 208.17 of the MGL. The obligated spouse must have insurance available to him at a reasonable cost, but he is permitted to chose an option for coverage of the recipient spouse. He is allowed to cover or keep the recipient spouse on his current plan, get a new plan for the spouse or pay the spouse's premiums if she selects her own plan under Chapter 208.34 of the MGL. The alimony award is not reduced for health insurance coverage no matter what option the obligated spouse chooses.

Health Insurance for Children

• The judgment of divorce includes provisions for the health insurance needs of any minor children of the marriage. An existing temporary child-support order may be modified to include a healthcare coverage requirement for the obligated parent even if the support amount is not being changed, per Chapter 208.28 of the MGL. An obligated parent who has healthcare insurance that is not exorbitantly priced may be required to add or keep the child on an existing plan or obtain a plan solely for the child.