Health Insurance and Social Security After a Massachusetts Divorce

December 06, 2012

Health Insurance and Social Security After a Massachusetts Divorce

Divorce can bring a myriad of changes to a person's life. People trying to adjust to their new lives as singles may not realize all of the details to which they will have to attend as a result of divorce. For instance, they may not consider the impact that divorcecan have on health insurance eligibility and Social Security benefits.

Health Insurance Options

Massachusetts law requires insurance companies to allow ex-spouses to remain on employer-sponsored health insurance plans after divorce. If ex-spouses do not remarry, they are eligible for coverage with no additional premium for as long as the insured spouse is on the plan. If the insured spouse remarries, the ex-spouse may still be eligible for coverage at an additional premium.

Some employers offer self-insured plans for employees, meaning that the employer pays the cost of health care claims that employees make, not insurance companies. Federal law preempts state laws for such plans, so Massachusetts' laws about ex-spouses' eligibility for insurance coverage do not apply.

Employers sometimes use HMOs to administer self-insured plans, so it may seem like the employer has a traditional insurance plan. It is important for spouses to determine which type of insurance the insured spouse has during the divorce settlement negotiations to see whether the uninsured spouse can still receive health insurance through the insured spouse, or if he or she needs to look elsewhere.

Social Security Benefits

Federal law governs eligibility for Social Security benefits. People who were married for at least 10 years may collect benefits based upon their ex-spouses' employment histories if:
-They are not married
-They are at least 62 years old
-Their ex-spouses qualify for Social Security benefits
-The amounts they would receive based on their own employment histories are less than that which they would receive based on their ex-spouses' employment histories

If a person's ex-spouse does not collect benefits but qualifies for benefits, he or she may still apply for benefits based on the ex-spouse's employment history if the two have been divorced for at least two years.

Talk to an Attorney

Making a fresh start after divorce may seem like a daunting prospect, due to all of the details to take care of and decisions to make. Those going through divorce should seek the assistance of a seasoned divorce lawyer who can help guide them through the process and advise them about their options for maintaining or obtaining health insurance, Social Security benefits and other matters.

Article provided by Schneiders & Schneiders
Visit us at http://www.schneiderslaw.com