Health insurance question

[T0052SC]

My STBX is fighting that I have to supply her with health insurance for the remander of her life or untill she getts remarried. We were only married for 4 years and she has always had a job but been on my insurance because she would bounce from job to job and never landed one with better insurance that mine. I have contacted my Human Resources department and they will not cover an ex-spouse they said the only option is for her to elect COBRA for 18 months.

Her attorney is saying there is a law in MA that prohibits employers from removing ex-spouses from health insurance but I don't know if this is true or even how to find this out. The divorce is going through NH my office is in MA but my employer is out of MI.

1. Does my employer have to do this if the law exsists in MA even though I am employed out of MI?

2. Is there a law in the state of MA that prohibits employers from treminating health insurance after a divorce is final?

Any advise would be great.

[socrateaser]

>My STBX is fighting that I have to supply her with health
>insurance for the remander of her life or untill she getts
>remarried. We were only married for 4 years and she has always
>had a job but been on my insurance because she would bounce
>from job to job and never landed one with better insurance
>that mine. I have contacted my Human Resources department and
>they will not cover an ex-spouse they said the only option is
>for her to elect COBRA for 18 months. Her attorney is saying
>there is a law in MA that prohibits employers from removing
>ex-spouses from health insurance but I don't know if this is
>true or even how to find this out. The divorce is going
>through NH my office is in MA but my employer is out of MI.
>Does my employer have to do this if the law exsists in MA even
>though I am employed out of MI?

If you are paid to work for an MI employer while you reside in MA, then that employer is subject to MA law. However, in order for you to force the employer to adhere to the law of the MA jurisdiction, you will have as that the court allow you to join the employer as a necessary party or permit a third party consolidated pleading of two separate cases, such that your case would be "In the matter of the marriage of Wife and Husband; AND Husband v. Employer." This is a highly unusual pleading, but it's certainly possible.

However, I think you may be allowing yourself to be diverted from the more important issue. The real question is whether you are going to agree to provide your spouse with insurance and upon what terms. Be careful about relying on a third party employer to guarantee you a cheap insurance benefit that you will then promise to provide to your spouse, because if you later lose your job, and you can't provide the benefit via employment, then you may be forced to come out of your own pocket to pay for it, and that could get very spendy in a hurry.

[T0052SC]

However, in order for you to force the employer to adhere to the law of the MA jurisdiction, you will have as that the court allow you to join the employer as a necessary party or permit a third party consolidated pleading of two separate cases, such that your case would be "In the matter of the marriage of Wife and Husband; AND Husband v. Employer."

1. I don't totally understand what you meen here could you explain in layman terms?

The real question is whether you are going to agree to provide your spouse with insurance and upon what terms

I do not want to supply the STBX with health insurance.  She is 26 years old and working 3 jobs.  2 of the jobs will offer her a for of health insurance but not as good as mine.  I have a letter from my employer that states they will not cover her and her only option is COBRA for 18 months.

I have no problem supplying health insurance for the children as long as I am employed.

1. How do I prevent supplying the STBX with health insurrance?
2. How do I protect myself so if I loose my job in the future I am not in contemt for supplying the children or have to pay out of pocket?

[socrateaser]

>1. I don't totally understand what you meen here could you
>explain in layman terms?

If you want to force your employer to adhere to MA law and cover your spouse, then you, or your spouse, or both of you, will have to "sue" your employer. Your attorneys may be able to convince your employer that a suit would ultimately result in your employer being forced to provide the insurance. However, your employer could simply lay you off, and that would put an end to the entire issue.

In some jurisdictions, such a layoff would be considered a wrongful termination, for which you would be entitled to sue for damages, but in others, you would just be SOL, as would your spouse.

Your situation in this regard is very complex, and I suggest that if your employer is refusing to provide insurance, that you suggest to your spouse that this entire issue is a non starter, and that both of you should forget about it and move on to some other settlement possibilities.

For instance, instead of divorcing you could have the court order a separation agreement that would prevent your spouse from accruing any more marital estate interest in your seperate property and simultaneously maintain your ability to provide insurance via your employer. How this would affect her ongoing right to spousal support in the event that you finally divorced is unknown to me, because I don't know the spousal support laws that are in play here (and I don't have time to research them).

So, for this last issue, you need to consult with your own attorney. Hope I'm being more clear now.

>1. How do I prevent supplying the STBX with health
>insurrance?

It's all just money. Everything has a price. If you have to pay $400 out of pocket for health insurance, because your employer won't provide it, then that's $400 that you won't have available for spousal support.

You can't prevent anything from happening. All you can do is attempt to reach a settlement that creates an expectation in your spouse (1) that you will have no more than $X out of pocket for support every month, be it child support or alimony, and (2) that this support will not continue forever, and that your spouse needs to go to school or get employment, etc. so that she can take care of herself.

Those are the two things that you are bargaining for -- don't let the attorneys confuse you or your circumstances, because nothing else matters.

The best thing that you could achieve, is to try to pay your spouse now, to waive her future right to support, or to terminate it at some future fixed date. In some States, the courts will not permit this -- in others, you can do it. Talk to your attorney about the possibility. Believe me, there is NOTHING better than to get rid of the other party's dependence on you, even if it costs you a fortune to do it.

>2. How do I protect myself so if I loose my job in the future
>I am not in contemt for supplying the children or have to pay
>out of pocket?

You can't. If you lose your job, you go back to court immediately and ask for a reduction in support while you seek new employment.

Whatever you decide, do not commit to any permanent agreement -- everything must have an ABSOLUTE termination date and an opportunity for you to return to court and ask for relief.