Health insurance for ex spouse if I live outside of Massachusetts

In some cases (not all), either by settlement or through a court order, one party to a divorce may be required to maintain health insurance for the other.  And Massachusetts General Laws Chapter 175, Section 110I (a) requires insurers to continue coverage for divorced spouses of a group member.  However, in Foster v. Group Health Incorporated (2005), the Supreme Judicial Court of Massachusetts limited that requirement and, thus, the likelihood that someone in your situation will be required to continue providing health insurance for your ex-spouse.

In the Foster case, the plaintiff, James J. Foster was a resident of Massachusetts and had been married to Paula Foster, an employee of the New York City Board of Education.  At all relevant times, Paula Foster was a resident of New York City. Prior to the divorce, Paula was a member of group health insurance plans offered by New York City, and James received health benefits under those policies.  As in your case, Paula's health insurance contained a provision that terminated insurance coverage of a dependent spouse in the event of divorce from the group member. After the divorce, Paula refused to provide continued health insurance coverage to James.

James relied on the last sentence of Section 110I (a), which, since amended 1986, has provided that continued health insurance coverage "shall apply to any policy issued or renewed within or without the commonwealth and which covers residents of the commonwealth."   However, the Court held that "G. L. c. 175, § 110I (a), is applicable to a divorced dependent spouse if, and only if, the member spouse (here Paula) is a resident of Massachusetts."  Accordingly, since Paula lived in New York and was insured by a company that is not subject to the laws of Massachusetts, the Court found that Paula should not be required to continue providing health insurance.   Hope all that helps.