Legal Question in Family Law in California
My divorce is now final. I was previously on my wife's insurnce. How much time do I get legally to stay on the insurance? 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?
1 Answer from Attorneys
It would be best for you to discuss these matters with a family law attorney in your area. Answers depend on what is in your dissolution Judgment and possibly the restraining order hearing. Move out orders relate to restraining orders. Lump sums relate to the divorce. Is is in your Judgment? Possibly. Just because you talked about it in court doesn't necessarily make it a ruling. Talk to an attorney.
As far as insurance, if your dissolution Judgment has been entered and is effective (you would have to look at the "date marital status ends" on your endorsed Judgment), you are no longer eligible as her dependent and you are not legally entitled to be on her insurance plan. There is no grace period.