Legal Question in Family Law in Massachusetts

In my divorce agreement (1-May-06) it specifically states I am not responsible for alimony or healthcare costs for my former spouse. I am soley responsible for providing information to my employer to enable my former spouse to be insured. She is financially independent from me in all respects except receiving child support. Previously, the company treated my former spouse as family and she was covered identically to me. This year the employer required me to define her as a "domestic partner" though I believe this a fraudulent definition. As "domestic partner" they attribute "imputed imcome" to me for a benefit which I do not receive, AND though I have no responsibility to provide health insurance to her in any way. Does the employer have a responsibility to allow my former spouse to be in the companies insurance group under MA law though I have no responsibility to provide or pay for her health coverage?

Asked on 1/25/12, 6:41 am

1 Answer from Attorneys

Christopher Vaughn-Martel VAUGHN-MARTEL LAW
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It sounds like you need to take your divorce agreement to an attorney, who can advise you whether it makes sense to bring a complaint for modification. It may just be that your divorce agreement does not contemplate what happens when there is an additional expense to you for having your former spouse covered under your insurance plan. It is possible that your divorce agreement deals with this situation, but it is also possible that it was omitted. It may be time to dust off the agreement and see what can be done. Feel free to contact our office if you would like a consultation or if you would like to retain the services of a family law attorney. 617-357-4898.

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1/25/12, 6:49 am

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