As far as Massachusetts family law goes, the children will remain covered by present health insurance. The divorced spouse also is covered at no extra cost until such time as the insured remarries. At that time, the divorced spouse may continue on the plan, but it is usually specified that the divorced spouse will pay for the additional cost. However, this statute, G.L. c. 175, § 1101, does not apply if the employer is a self-insurer. In that case, the federal COBRA regulations apply. They provide short-term coverage, usually 18 months, at an immediate and substantial cost to the divorced spouse. (Health insurance is an increasingly important issue: the cost is escalating, and fewer parties have (low-cost. continued coverage.) If alimony is awarded, judges must also require that the obligor obtain or reimburse the spouse for the cost of health insurance without reducing the alimony award. G.L. c. 208, § 34.
|