QUESTION
Can I get medical insurance benefits or spousal support through my ex-spouse after the divorce?
Asked on Sep 13th, 2013 on Divorce - California
More details to this question:
My husband of 30 yrs served me Wednesday and claims he will not have to give me spousal support and I need health insurance too. I am 61 years old and have several health problems and have no means to even survive except a small pension of 328.24 a month
8 ANSWERS
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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You should immediately consult with an experienced family law attorney in your area to discuss your rights. You should not take your husband's word for what you are entitled to, nor sign any documents without reviewing them with counsel.
Answered on Sep 18th, 2013 at 12:22 PM
The amount of spousal support you receive will depend on both party's incomes and abilities to work. You need to get yourself to a family law attorney in your community to make sure of where you stand in this divorce.
Answered on Sep 17th, 2013 at 2:15 PM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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He's likely just trying to engage in psychological warfare. Usually, a divorce after 30 years of marriage puts a financially dependent spouse in a strong position for alimony. But once a divorce occurs, an ex-wife cannot remain on her "husband's" health insurance because he is not her husband anymore. You'll be on your own to find replacement coverage.
Answered on Sep 17th, 2013 at 12:22 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Normally health insurance terminates at the time of the Final Judgment, in Florida the court has no power to order the company to continue to provide coverage under the original policy. The company will offer a policy called COBRA, but someone has to pay. The Husband may be ordered to pay this as a portion of Spousal Support but a COBRA only lasts for thirty-six months. If you were married thirty years and there is a difference in incomes you will be awarded spousal support.
Answered on Sep 17th, 2013 at 7:56 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Medical benefits cut off when you get divorced. You may be entitled to SSA benefits through him. Spousal support may or may not be available. If you are unable to work, then you may have a basis for him paying you that. It is not common in Idaho, but you may be the uncommon situation. You need to talk with a local attorney to go through the details with you.
Answered on Sep 17th, 2013 at 3:02 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Yes, after 30 years of marriage the starting point is to equally divide income.
Answered on Sep 17th, 2013 at 2:24 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, it will depend on all of the circumstances and therefore the answer can only be predicted upon knowledge of them. If you are without income and he has an income, under the facts which you did supply spousal support would be anticipated, and potentially his assistance in providing medical coverage as well.
Answered on Sep 17th, 2013 at 2:18 AM
In California, he will probably have to give you spousal support depending on how much his income is and how much yours is. As for medical insurance, if it is through his employment then you will get cancelled when the divorce is final and you will have to find your own. Sounds like you need an attorney.
Answered on Sep 17th, 2013 at 2:18 AM