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In California, if you are divorcing from a long-term marriage (32.6 years), your husband has provided health insurance coverage

Costa Mesa, CA |

through is employer for the entire marriage, and the wife is an independent contractor (1099 as a real estate agent, part time), and both parties are 55 years or older, doesn't CA law require as part of spousal support, that the husband continue to provide health care coverage for the wife post divorce and "for life" because of the duration of the marriage? I realize he cannot do so under their current family policy, but under a different one for her?

Attorney Answers 1

Posted

You misunderstand the law. Yes, you have a long term marriage. However, he cannot cover your health insurance through his employer when the dissolution is done. You need to have your new health insurance in place when the other insurance is cancelled. Your cost of your new insurance would be included in your Income & Expense Declaration and should be one of the factors in the discussion of spousal support.

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2 comments

Asker

Posted

Thanks for your response. I realize that the wife can no longer be covered under the husband's insurance through his employer. I stated that above. What I am asking is if under CA law the wife has a legal right to expect the husband to pay for her health care coverage post divorce, because they had a long-term marriage? The husband has been advised that he does not have to provide it for her under any circumstances!

Elizabeth Jones

Elizabeth Jones

Posted

As I said, your cost of health insurance should be considered as an expense when determining spousal support needs.

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