If my divorce was final 5 months ago, can I go back into court and ask the judge to make an amendment to ask for my ex to cover me on his health insurance?

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If my divorce was final 5 months ago, can I go back into court and ask the judge to make an amendment to ask for my ex to cover me on his health insurance?

Asked on October 25, 2011 under Family Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There are several issues:

1) If the divorce is final, including the financial terms, it is *very* unlikely that the judge would open it up to grant you more than you have already received, unless you can show that your ex-husband acted wrongfully in some way: for example, that he hid the true extent of his income or assets. Otherwise, you've already had a chance to ask for what you want, present evidence, make your case...once that's happened, again, you need very special circumstances, usually showing fraud, wrongdoing, or fundamental unfairness, to revisit it.

2) If you are no longer married, your ex can't put you on his health insurance--non-spouses may not be covered. Possibly, IF you could get past the issues above, you could get an additional monetary contribution to help you pay for your insurance; but I do not believe that an ex-spouse may legally be on the actual health policy, since you are  no longer legally family.


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