Legal Question in Family Law in California
Legal Separation rights
If my husband and I are only legally separated and not yet legally divorced, can he cancel my health insurance which he gets through his work? Is there any recourse for this action, which took place at the beginning of this calendar year, besides a lawsuit? When I do file for a divorce, can this be grounds for asking for more alimony?
1 Answer from Attorneys
Re: Legal Separation rights
I need some clarification. Have you filed papers for a legal separation? Or are you just living apart but are still married? If you have filed a summons for legal separation or dissolution, certain standard restraining orders take effect including the inability of either party to change insurance beneficiaries. If you have not filed any papers of any kind, you might want to think about filing a summons like this in order to preserve the insurance. Hope that helps. Lastly, spousal support depends on a few factors. Have you been married for more than 10 years?
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