Questions Ma to NC

2 Questions:

  1. Is a Massachusetts Divorce Decree that is finalized recognized in North Carolina? Simply put if the spouse moves from MA to NC is the agreement good?
  2. Regarding Medical Insurance, the agreement states that the Husband shall cover the wife until after the children are emancipated, at the children’s ages of 26. The husbands current company allows former spouses to be covered as stated in the Divorce agreement. How does this work in NC? Is it required by employers to cover former spouses if in a Divorce Decree? Or is there another order required (this is what the lawyer I used in my divorce said might have to happen, but she wasn’t sure).
    I am trying to figure this out before it happens so I can be prepared.

Thank you

  1. A divorce granted in Massachusetts is recognized in North Carolina. Similarly, a separation agreement or Massachusetts equivalent that is valid in Massachusetts is recognized in North Carolina.

  2. The residence of the former spouse should not affect this if Husband’s company allows medical insurance coverage of former spouses. Ordinarily once there is a divorce, the insurance company will not allow for health insurance coverage of an ex-spouse. But if your separation agreement or Massachusetts contract equivalent is valid, then that agreement and Massachusetts law will likely still apply.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

Anna,
Thank you for your reply.
I have additional questions in regards to your comment on my question #2.
a. If the medical insurance is a Family plan, will that make a difference on covering the ex-spouse?
b. What do you mean is the separation agreement or MA contract equivalent “Valid”?
A judgement of Divorce was signed by a judge, is that what you mean by “Valid”?

Thank you

(a) I don’t think a family plan will change anything.

(b) If you have a divorce judgment from a court in MA, then that is recognized in NC.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.