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

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?

Costa Mesa, CA -

Attorney Answers (1)

Elizabeth Jones

Elizabeth Jones

Family Law Attorney - Newport Beach, CA

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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