am I breaking any mass laws if this the case: I am getting divorced not living with my soon to be ex wife and have 3 step children. am I legally obligated to keep them on my Insurance? I have dropped them and kept my wife and 1 biological kid.
3 Answers from Attorneys
My advice would be to have counsel represent you in your divorce to make sure everything is handled properly. Generally, I would advise you not to unilaterally drop coverage, change beneficiaries, or transfer sums of money or property during your divorce without the permission of the court. I would get the permission of the court to drop your step-children. Most likely, the judge's decision will be based on the specific facts of your situation, i.e. how long have you parented these children, does another parent have a legal support obligation to these children, etc.
Feel free to contact our office if you would like representation in your divorce. 617-357-4898.
Upon filing the Complaint for Divorce and the opposing party being served that Complaint an Automatic Restraining Order is entered to prohibit the parties from Causing the other party or the minor children to be removed from coverage under an existing insurance policy or permitting such cover to lapse, including medical, dental, etc. it further states "the parties shall maintain all insurance coverage in full force and effect.
With that said it usually covers only the children of the parties, but my question to you is there a difference in the monthly premiums to have the step children on your family plan? If not, why would you remove them from the policy as you are required to maintain the family plan in place for your wife and child?
As the two attorneys above stated it is not a good idea to take children off your health insurance without permission of the Court.
It is important to be looked at favorably by the court and dropping your children from your health insurance will not gain you any favor.
If you are seeking a divorce and are unsure as to your rights, then feel free to contact my office to schedule a consultation in order to better understand the process.