If my divorce is now final and I was previously on my wife’s insurance, how much time do I get legally to stay on it?

UPDATED: Sep 27, 2012

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If my divorce is now final and I was previously on my wife’s insurance, how much time do I get legally to stay on it?

The caviat here is that I am and have been on disability and it might be permenant. What are my legal options? I cannot afford my own insurance. In addition, my wife took $2K out of my bank account after she filed a restraining order. Can I sue for that? I had moved out of my house too after we agreed in court that I would, as long as she paid me a lump sum of money. The Judge stated that she does this. She has not done so and it has been about 4 months. Can I still get the 2K from her and the lump sum from her for moving out even since the divorce is final?

Asked on September 27, 2012 under Family Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Since your marital dissolution with your spouse is final the presumed martial settlement agreement and judgment issued upon it by the court should set forth answers to your questions that you have asked. As such, you need to carefully read the marital settlement agreement and judgment.

As to the $2,000 taken by your former spouse, if such was not addressed in the marital settlement order and if the taking happened after the settlement order was issued by the court, you can sue your former spouse for this $2,000 amount in small claims court. If the lump sum agreed to be paid you by the "ex" is set forth in a judgment or court order and the "ex" has not paid you it yet, then your option is to file and order to show cause regarding contempt of a court order in your marital matter. For that you should consult with a family law attorney for assistance.

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