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Health Insurance for step children

Man and woman meet and get married. Both man and woman were married before and both have dependent children. Man is self employed and woman is employed through an employer. Man and all dependent children are covered under woman's policy through her employer. Man and woman get divorced. I know Man can be covered under Woman's policy, but can Man's dependent child be also covered? I can't seem to find this answer anywhere.

Thanks in advance

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Submitted Wed, 07/27/2011 - 19:11

It is my understanding that the man's dependents with his second wife are from the first marriage. The answer is maybe. You should first look to the terms of the divorce agreement. A parent will most likely not be held responsible for the ex-spouses children's health insurance if they are step-children.

Wyckoff Nissenbaum

Submitted Thu, 07/28/2011 - 21:42

The health insurance is governed by ERISA, which is a federal law. I wrote a blog post on this topic specifically on Mass Family Law Bulletin. You can read the post here:

Wyckoff Nissenbaum

Thank you for your answer, however I probably wasn't clear enough. My question was not so much about what would a judge order in divorce, but rather what would the MA health insurance laws allow for.

Assume man and woman are being cooperative and are simply trying to reduce overall expenses post divorce. Do the MA health insurance laws allow for an ex-stepparent to provide insurance for a former step child?


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