Legal Question in Family Law in Massachusetts

If the husband has been ordered(written in the terms of divorce agreement) to "maintain health, dental, and hospitilization insurance for the wife pursuant to M.G.L. Ch. 175 Sec. 110i." and the husband gets remarried, does his obligation end, or continue as under paragraph (a) the former spouse thereafter shall have the right, if so provided in said judgement, to continue to receive benefits...etc" ? My ex-husband got remarried and naturally took this as his "out" on his obligation to maintain medical insurance for me, and subsequently gave me 9 days notice and dropped me from insurance.

REALLY need an answer. THANK YOU!


Asked on 12/29/10, 9:28 am

1 Answer from Attorneys
Georg LaBonte Law Office of Georg C. LaBonte

No, unless it is written in the divorce agreement that upon his remarriage he no longer has to support his ex-wife. This is NOT standard language. Most likely, he must maintain the health insurance until YOU get remarried. A husband can not get out of an agreement merely by marrying someone else, you must do something to affirmatively end his obligations, which it does not sound like you have.

I would suggest presenting this to an attorney, it should be a simple matter, or you can hopefully resolve it yourself, by telling your ex-husband that his remarriage does not end his support obligations, and that you demand he reinstate the insurance, or you will obtain legal counsel.

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Answered on 1/20/11, 3:05 pm


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