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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118787
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My husband estranged but still married removed me from his

Customer Question

My husband estranged but still married removed me from his company paid health insurance. Is that legal in Massachusetts?
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you are not an actual employee of the company, then MA law does not prevent him from removing you from the company health insurance. However, you can still force him to provide you insurance but it would require you to actually file suit against him for divorce and as part of the marital property and divorce process the court may order him to pay you for your health insurance or provide it to you. Legally though, until you get a court order as part of a divorce procedure in court, he could remove you if you are not an actually employee of the company and actually working for the site.
Customer: replied 2 years ago.
Although i am legally married to this man, he can arbitrarily remove me from his health coverage that i have been covered under for over 20 years? My company does not provide health insurance. Your saying that the only way to get it from his company is to file for divorce?
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
Yes, I am afraid so. Legally, in MA, the employer needs to provide insurance to the employee and many insurers will not allow non-employees to be covered under their plan by the contract terms. So, I am afraid that yes, if you want to fight to get your coverage back, you would have to get a court order and to do that you have to file for divorce.