I am entitled to alimony and medical insurance after my divorce? 8 Answers as of March 28, 2011

I have been married nine years and we are splitting, I would like to know if I am entitled to both alimony and medical insurance or is it one or the other. He has worked the entire marriage, I have not.

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Goodman, Dicus, and Teinert, LLP
Goodman, Dicus, and Teinert, LLP | Paul M. Teinert
Once the divorce is final you will be responsible for paying for you own health insurance. You may however be able to stay on your husbands plan but you would still be responsible for the payments made by his employer. As far as spousal support goes, it is likely that you would get some support since your husband has been the provider for the last nine years.
Answer Applies to: California
Replied: 3/28/2011
Michael Rose Attorney at Law
Michael Rose Attorney at Law | Michael Rose
If you get a divorce your husband is not obligated to continue medical insurance. You will need to buy your own. As far as spousal support is concern it depends on the facts of the case. Without a consultation it is hard to answer that question.
Answer Applies to: California
Replied: 3/18/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
Neither. You are entitled to alimony/spousal support and your spouse is obligated to continue to provide medical insurance to you during the pendency of the proceedings (pendente lite). However, he can pursue an offset, at least at some point, as spousal support is a calculated figure and he will not owe you more than the determined figure after judgment merely because the nature of the expenditure is medical insurance. Many employers and insurance providers do not allow an employee/insured to continue to cover and ex-spouse, even by stipulation.
Answer Applies to: California
Replied: 3/16/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You are entitled to Spousal Support (alimony), based on those facts. You should retain an experienced Family Law Attorney to represent you, to seek orders pending trial or resolution of your case for Temporary Spousal Support (in an amount per your county's Spousal Support Guidelines based on your husband's gross monthly income) and Attorney's Fees, and to seek a Permanent Spousal Support order in the ultimate divorce judgment based on Family Code Section 4320 factors.
Answer Applies to: California
Replied: 3/16/2011
Bartholomew & Wasznicky LLP
Bartholomew & Wasznicky LLP | Hal D. Bartholomew
Normally, you have "Cobra" rights to continue your health insurance after the divorce is final. Once the divorce is final (meaning that you are officially unmarried), you as the dependent on your husband's health insurance through work have the right to notify the employer of your desire to continue your insurance. The company must give you the right to continue the coverage. However, you pay directly to the company or their designee the actual out of pocket cost incurred by the company (plus a minor surcharge). This is the actual cost of the insurance for you without any of the subsidy previously paid by the employer. You have the right to continue under the Cobra coverage for 3 years. After 3 years, you will be given the right to convert to an individual plan which typically will cost more. You should contact the company and find out the cost of the health insurance. This cost is a factor in the calculation of spousal support (alimony). You have a very short period to request this coverage after the final divorce. Exercise your right to this coverage immediately. You are responsible for making this happen - not your husband.
Answer Applies to: California
Replied: 3/16/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    If your husband earns more income than you, then yes, you're likely entitled to "spousal support," which is the same as what people call alimony. There is temporary spousal support, and long term spousal support. They are determined based on different factors, and are designed to cover different circumstances. Temporary spousal support is designed to help the "poorer" spouse maintain the bills (pay rent, groceries, utilities, gas, insurance premiums, etc) while the divorce is pending. Long term support is designed to help the poorer spouse maintain the "marital standard of living."

    Best to call a local family law lawyer who can provide you with information about all aspects of your divorce related to your particular facts. Good luck.
    Answer Applies to: California
    Replied: 3/15/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    You may be entitled to spousal support, but I know of no requirement that he provide health insurance. You will have to secure your own insurance when the marriage is dissolved. If you are looking for assistance with your case, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 3/15/2011
    Goldberg Jones
    Goldberg Jones | Zephyr Hill
    You are likely entitled to Spousal Support (a/k/a Alimony) As for medical benefits, you could keep them via COBRA or buy your own private insurance. This will impact your need for spousal support, but I doubt he will have to pay your medical coverage in addition to spousal support.
    Answer Applies to: California
    Replied: 3/15/2011
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