Can you still get alimony when you file for a divorce if you have been separated for 13 years

My husband and I have been separated for 13 years and I am thinking about filing for a divorce. He pays my health insurance, which I would like for him to continue to pay. Will that likely happen. If that is a possibly then I won't need Ailmony.
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Lawrence Hindin Geller

Lawrence Hindin Geller

Contributor Level 4
Disclaimer: I am licensed to practice law in the state of California. Therefore if your case in not in California, the information contained herein may not apply. This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.

You can always ask for spousal support, the question is whether your specific situation meets the criteria or legal standards to have a court award you support.

In California, the law provides that in each case, the court must review a series of circumstances that include the length of the marriage, your needs and your husband’s ability to pay support. Your needs include your education, your health, your work experience and employability, and your ability to support yourself.

Since your husband has been providing your health coverage over the last 13 years, that may be indicative of both your health and your ability to support yourself.

As to your health insurance, if your health insurance is being covered by your husband’s employer, it will probably be terminated once you are no longer his wife under the terms of his policy.

There are more questions to be asked of you to give you the answers. I suggest you set up an appointment with a licensed family law attorney in your jurisdiction.

Good luck.
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