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Blair v. Blair

Parties' divorce decree required that defendant pay premiums to maintain his ex-wife's health insurance coverage at a level as close as possible to what she had under defendant's policy during their marriage.

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We granted ex-wife, Ms. Blair, discretionary appeal to determine whether the trial court’s award, entered pursuant to her contempt action against her ex-husband, properly reflected the amount Ms. Blair should have received to compensate her for her ex-husband’s failure to provide equivalent insurance coverage under the divorce decree. Because the award does not reflect Ms. Blair’s entitlement, we reverse.

The Blairs were divorced in 1989, after a marriage of 28 years. The final judgment and decree of divorce was entered following a jury verdict. Under the decree, Mr. Blair was obligated to “maintain health insurance for the wife equivalent to the coverage formerly provided by Delta Airlines through Aetna Insurance Company; the husband shall provide to the wife the replacement policy and provide proof of payment and the period covered by said payment as these payments are made.” Ms. Blair contended that Mr. Blair was in contempt of the provision for not providing the required health insurance.

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