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I have a chronic illness and have had my health insurance provided

Resolved Question:

I have a chronic illness and have had my health insurance provided by my spouse's corporation for the past 10 years. My spouse has used my need for healthcare as weaponry against me to keep me from seeking a divorce, support and division of business assets. I was told that when I filed for divorce my spouse was under temporary restraining order to maintain the health insurance because he stopped making the premium payments in March with the answer that although we were living separate we were still considered married and no person could make a husband "provide care" for his wife. I was forced to borrow money to pay the premiums to prevent irrevocable cancellation and attempted to represent myself pro per but the stress caused a hospitalization. I hired a flat fee lawyer to file the paperwork I prepared for an ex parte hearing but he decided that a RFO would be better and would cover the situation with the temporary restraining order. I was hospitalized again from complications caused by the stress from my spouse continuing to refuse to pay the premiums for May and June's policy renewal. I had to borrow money quickly to keep from being transferred to county hospital as I was told my spouse was under order but his closely held corporation was not under order and I had no case to make him pay my insurance. The opposing counsel took this opportunity to make an offer that I accept the payment of the premium that covered my husband and daughter as my settlement for support before my spouse has filed an income statement. I was desperate and no choice but to accept the offer when my parents stepped in and paid the insurance premiums for May and June but still have July premiums to pay and have zero support money for medications, copays, food, etc. before my court date of July 8. Isn't there some way my spouse should be responsible to pay a corporate debt and obligation? especially since I have worked for his business for the past 25 years?
Submitted: 2 years ago.
Category: Family Law
Expert:  LawHelpNow replied 2 years ago.

Hello Donna,

My name isXXXXX a licensed attorney. I am honestly sorry for the circumstances, very much appreciate your patronage, and am glad to try and help out.

Quite frankly, I am baffled and disappointed at all you've been held to bear, especially given your fragile medical state. Here's how this works. You ask if there's not some way your spouse can be held liable. The answer is a resounding "yes". If you don't mind a personal example, I'll share from my own life. I was self-employed, owned my own closely held corporation, was divorcing, and was ordered to maintain health insurance coverage on my then spouse. Believe me, neither the written law nor the Judge cared one bit about where the money came from. It was up to me, not my former spouse or the Court, to worry about whether it came from my business entity or elsewhere. Same scenario here. See what California Family Code § 2337(c)(2) provides in pertinent part:

"Until judgment has been entered on all remaining issues and

has become final, the party shalll maintain all existing health and

medical insurance coverage for the other party and any minor children

as named dependents, so long as the party is eligible to do so. If

at any time during this period the party is not eligible to maintain

that coverage, the party shall, at the party's sole expense, provide

and maintain health and medical insurance coverage that is comparable

to the existing health and medical insurance coverage to the extent

it is available. To the extent that coverage is not available, the

party shall be responsible to pay, and shall demonstrate to the court'

s satisfaction the ability to pay, for the health and medical care

for the other party and the minor children, to the extent that care

would have been covered by the existing insurance coverage but for

the dissolution of marital status, and shall otherwise indemnify and

hold the other party harmless from any adverse consequences resulting

from the loss or reduction of the existing coverage. For purposes of

this subdivision, "health and medical insurance coverage" includes

any coverage for which the parties are eligible under any group or

individual health or other medical plan, fund, policy, or program." (emphasis added)

This statutory language is crystal clear. It's mandatory ("shall") as opposed to discretionary ("may"). The Judicial authority is right there, and given your health care needs and financial inequities, I find it difficult to imagine an outcome other than your spouse being ordered to maintain your coverage at his cost. It sounds to me like you need a competent family law attorney advocating for you. I hope you're able to retain one who can zealously represent your interests.

If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.

I truly hope all works out for you.

Take care,

Ben, J.D.

LawHelpNow, Attorney/Lawyer
Category: Family Law
Satisfied Customers: 7639
Experience: Relax. Let's work together. Practical solutions.
LawHelpNow and 9 other Family Law Specialists are ready to help you
Expert:  LawHelpNow replied 2 years ago.
Hello Donna,

I enjoyed working with you recently.

How are things going?

Is there anything else I can do to help?

Please just let me know.


Ben, J.D.

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