Can Spouse Stay on Insurance After Divorce in Massachusetts

February 10, 2020 O'Connor Family Law Divorce

Suppose you have insufficient health insurance or have always been on your ex-spouse’s policy. In that case, you may feel unsure about your options to ensure that you continue to have health insurance available to you after your divorce.

Whether or not you can stay on your ex-spouse’s health insurance after your divorce is often a significant and understandable concern, fortunately, our dedicated team of attorneys at O’Connor Family Law can guide you through your coverage options after your marriage’s dissolution.


In the state of Massachusetts, if an ex-spouse is still eligible for insurance benefits through their former spouse’s employer, he or she may continue to insure their ex-partner. Even if remaining on the policy is allowed, certain situations, such as remarriage, could affect the continuation of coverage. For instance, an ex-spouse could continue receiving insurance benefits regardless of whether the insured party remarries if a rider policy is available.

So long as there is no difference in cost to what the policyholder would pay if children are also being covered, the ex-spouse can stay on with no financial responsibility. However, if there is an additional financial cost to the policyholder to keep the ex-spouse covered, the ex-spouse will usually have to pay for that additional cost. For example, if the policy holder is covering your child and there is an employee plus one category that costs $100.00 per pay period but to keep the ex-spouse on the policy would require the family plan, which would be $200.00 per pay period, the ex-spouse would likely be responsible for that extra $100.00 per pay period to remain on the insurance.

It’s very important to know whether an ex-spouse can remain on an insurance policy after a divorce and, if they can, how much that will cost. This way, the person requiring coverage can look and compare their options.


If the company that provides the insurance allows for COBRA coverage and remaining on the insurance is not possible for the ex-spouse, this may be an option to allow for the continuance of health care coverage. This is typically a rather expensive option, which is why it’s important to make sure everyone understands what all of the health insurance options are.

Our seasoned attorneys can help someone include the necessary provisions in their divorce agreement to protect you, both with the continuation of your health insurance coverage and also financially.


While a person’s health insurance coverage from their spouse may end as soon as the divorce is allowed by the Judge, the coverage for both of your children will likely not be impacted by these proceedings. Usually, the parent covering the health insurance costs for the children can include that cost within the child support calculation. It may be more advantageous to have the other parent pay half of the coverage though if he or she will agree to it and keep it out of the child support calculation. Which parent covers the children for health insurance will usually depend on the types and costs of available insurance plans.

So Can Spouse Stay on Insurance After Divorce in Massachusetts?

Yes, a spouse can stay on their ex-spouse’s health insurance after divorce in Massachusetts. However, there are a few things to keep in mind.

  • The spouse must be eligible for coverage under the ex-spouse’s plan. This means that the spouse must have been married to the ex-spouse for at least one year and must not have remarried.
  • The spouse must pay a premium for coverage. The ex-spouse’s employer will determine the amount of the compensation.
  • The coverage will end if the spouse remarries, becomes eligible for Medicare, or becomes eligible for other group coverage covering all their pre-existing conditions.

Suppose you are considering staying on your ex-spouse’s health insurance after divorce. In that case, speaking with your ex-spouse and their employer is crucial to learn more about the coverage terms. In addition, it would be best to talk with an attorney to ensure you understand your rights and responsibilities.


If you have questions about staying on your ex-spouse’s health insurance after divorce, our incredible lawyers at O’Connor Family Law can assist you. Our attorneys can evaluate your circumstances and help you identify the insurance coverage option that is best for you. Reach out today for more information.