Can I request the insurance in a divorce?

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Can I request the insurance in a divorce?

My wife and I have been separated for almost 20 years but not legally. I have 3 serious health problems. I have to take meds daily and without the insurance the meds are over $100 or more each. I’m 60 years old and the price of insurance is more than I can afford and without it I can’t survive. I’ve wanted a divorce for many years but the insurance has keep me bound. By the way, I pay her $200 a month to cover the insurance payment.

Asked on October 8, 2015 under Family Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, you can't stay on your spouse's insurance once you are divorced, because insurers do not allow unmarried and non-domestic partners, in states that have domestic partnerships adults to be on each other's insurance. You can request in the divorce spousal support or payments to help cover the expense of insurance, but can't actually remain on the insurance. And all you can do is request this money--you are not guaranteed to get it.


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