Legal Question in Family Law in California

Benefits

I am seeking a divorce after thirty five years of marriage and plan to remarry as soon as it is final. Will I lose my health insurance, which I now receive through my husbands retirement plan and will this eliminate me be entitled to alimony and any of his pension?


Asked on 1/23/04, 12:14 pm

3 Answers from Attorneys

Damian Nolan Law Offices of Damian M. Nolan

Re: Benefits

Please ensure that your divorce is final before remarrying. Apart from health coverage, Retirement and alimony,I note you have not asked about other assets in the marriage and/or attorney's fees. Please be advised that, in general, you are entitled to one half of the community assets and are liable for one half of the community debts. You are probably entitled to Cobra on the health care; One half of the community property interest in both parties retirement pursuant to the Marriage of Brown; and, depending on any prior agreements, you may have an uphill battle to receive alimony to such extent that it will probably not be available to you. Please consult with a competent attorney to ensure that your rights are protected. Regards, Damian Nolan.

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Answered on 1/25/04, 7:47 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Benefits

Retain counsel. You should be entitled to half of his pension if all years worked during term of marriage. Health insurance possibly, spousal support, not very likely, despite term of marriage if married again. That is not a certainty and agruments could be made and order granted to allow support.

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Answered on 1/23/04, 12:30 pm
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Benefits

In a general sense, you are entitled to COBRA coverage for 18 months after you are no longer a "spouse" - spousal support terminates upon remarriage unless you make a different bargain (and can terminate or be lowered upon cohabitation), and you are entitled to half of the community interest in his pension plan unless you have a pre nuptial agreement to the contrary.

For a specific opinion and a detailed determination of what you can expect and what your rights are, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 1/23/04, 12:41 pm


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