Amaral & Associates, P.C. - Divorce, Family Law

May, 2018 Archives

Health Insurance Coverage After a Divorce

Health Insurance DivorceIt is not uncommon during a marriage for one spouse to be the primary policyholder of a medical insurance plan and the rest of the family to be covered under that one plan. Typically, the plan is offered through that spouse’s employer. However, when spouses file for divorce, the question arises as to how will the other spouse, and also the children, be covered by medical insurance.

 

In Massachusetts, there are laws that require the policyholder spouse to continue to provide coverage to the children, and also to the other spouse, so long as coverage to the other spouse is available. In the common situation where an insurance policy is provided through a group plan offered by the policyholder’s employer, then pursuant to Massachusetts General Laws chapter 175, Section 110I, and Massachusetts General Laws chapter 176G, Section 5A, the policyholder spouse must continue this coverage, unless there is what is known as a “triggering event.” A triggering event is something that would cause a person to no longer be eligible for coverage under a specific medical insurance policy. With … Read More »



How to Ask Your Soon to be Spouse for a Pre-nup

For many people, falling in love and preparing for marriage is a process that is so wonderful that they lose sight of the harsh reality that anything can happen and marriages often end. Therefore, the idea of a Pre-Nup is many times not spoken of, as it implies that there is a possibility that the soon to be marriage could potentially result in divorce one day. If you have assets, it is in your best interest to have a Pre-Nup prepared, but initiating a conversation with your spouse regarding the same is not always easy. The following are a few tips to assist you in asking your spouse for a Pre-Nup, while decreasing the chances of bringing turbulence to your relationship:

Bring it up in the Beginning

If possible, at the beginning of any relationship, make it known that you intend to sign a Pre-Nup with whomever you marry. Your soon to be spouse will be aware and prepared for the conversation, eliminating any shock or personal concerns that you doubt the marriage will last.

Use Good Timing

If you are already … Read More »



Sound Reasons Why You Should Mediate Your Divorce.

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I have been a divorce attorney for over 25 years and a divorce mediator for almost as long. When a potential client asks me whether they should mediate their divorce or whether they should just get their own attorney and file for a contested divorce, I tell them the following. A contested divorce can last well over a year. In fact, in Massachusetts, the tracking order assigned to your contested divorce is for fourteen (14) months. Which means that the life span of a contested divorce can be as much as 14 months. During this time frame, the parties will exchange financial documents, attend numerous hearings on temporary orders in court, have a pre-trial hearing followed up by status conferences and then a trial if your case does not settle. All of this discovery and all of the court hearings and meetings or phone call with your attorney will cost you money in legal fees both to you and your spouse. A divorce attorney can make 10-20 times more in legal fees on a contested case then they can on a … Read More »



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