Am I qualifie for permanent alimoney ?

[kaninchen]

What is the name of your state (only U.S. law)? I live in California.
I am married for 18 years ( I am 40, husband is 42). A few weeks ago he told me he wants a divorce. He makes 200 000 per years and I am a stay at home mom of 9 year old making 5000 per year substituting as a preschool teacher. If I would work right now I make no more than 30 000. Is it smart to look for a job right now or not ?
Also, I am dependent on his health insurance. I couldn't get my own, only through a job because I have heart defect. I need heart surgery in a few years and I am terrified to be dependent on a preschool job with medical insurance. I would be out 2-3 months after the surgery. I am scared if I even get my job back after that. How should I deal financially during the time I am not working. There is a conversion plan where I can stay on his health plan but it costs 555 per month and 1500 deductable per year. First we wanted a legal seperation so I can stay on his healthcare plan but this insurance doesn't allow it, only the conversion plan would work. Would I qualify for permanent spousal support ? I mean, I would still work but the extra alimoney would supplement my income and also I would like him to pay my health insurance. I am not asking to be rich, just trying to survive in the expensive Bay Area and I really can' t be without health care because I need to go to frequent check up for my heart condition. My aorta could dissect and this is only possible to prevent with checkups. How would the court see my situation (long time marriage, medical problem and low income job)?? What are my chances to get permanent spousal support ?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[Proserpina]

Without going into anything else, I just have a quick question.

What would you do if - heaven forbid - he dropped dead in a year's time?

If you're that disabled that you can't work full time, have you tried applying for SSI/SSDI?

 

[mistoffolees]

Without going into anything else, I just have a quick question.

What would you do if - heaven forbid - he dropped dead in a year's time?

If you're that disabled that you can't work full time, have you tried applying for SSI/SSDI?

Furthermore, why permanent alimony? Why should he support you for longer than you've been married?

And since you'll split any retirement savings and since you will have access to Social Security based on his income, why should he be paying you alimony after you're retired?

Count on something like 6 years of alimony. You'll have to find a way to support yourself after that. Better start earning a living.

 

[kaninchen]

Furthermore, why permanent alimony? Why should he support you for longer than you've been married?

And since you'll split any retirement savings and since you will have access to Social Security based on his income, why should he be paying you alimony after you're retired?

Count on something like 6 years of alimony. You'll have to find a way to support yourself after that. Better start earning a living.

I wish I could buy my own insurance but with 30 000 per year, how can I affort more than 8000 per year in health care. I do want to work full time but we all now when people can't work for 2-3 months there is a chance that you can't get your job back. So you don't think that's reasonable ? I am not being greedy.

 

[Proserpina]

I wish I could buy my own insurance but with 30 000 per year, how can I affort more than 8000 per year in health care. I do want to work full time but we all now when people can't work for 2-3 months there is a chance that you can't get your job back. So you don't think that's reasonable ? I am not being greedy.

Again, if you cannot worth for health reasons have you tried applying for disability?

 

[LdiJ]

Again, if you cannot worth for health reasons have you tried applying for disability?

She wouldn't qualify for SSDI because she doesn't have the necessary work credits, and SSI wouldn't even pay for rent in CA.

 

[mistoffolees]

I wish I could buy my own insurance but with 30 000 per year, how can I affort more than 8000 per year in health care. I do want to work full time but we all now when people can't work for 2-3 months there is a chance that you can't get your job back. So you don't think that's reasonable ? I am not being greedy.

Get a job with company paid health care. Or get a better job. Or work two jobs.

But since you're not even trying (working only part time), you don't know if you could make it on your current earnings.

Again, you haven't made a case for lifetime alimony. You've been married for 18 years - why should your husband support you for the potentially 40 or more years you could live? Again, I would count on 6 years, maybe as much as 9 based on the circumstances. That gives you a little time to figure out what you're going to do (assuming, of course, that you actually get an order for alimony AND he actually pays AND he doesn't die).

CA has a self-help program that might help you:
California Courts: Self-Help Center: Families & Children: Child, Spousal, & Partner Support: Child, Spousal, & Partner Support Questions & Answers

HOWEVER, the self-help program will help you to work toward getting as much as you can, but realistically, you need to plan for the worst (which would be little or no alimony). And I would absolutely drop the idea of lifetime alimony. Again, with a good attorney, it is just barely remotely possible, but odds are tiny - and even smaller if you're doing it without an attorney.

 

[LdiJ]

Get a job with company paid health care. Or get a better job. Or work two jobs.

But since you're not even trying (working only part time), you don't know if you could make it on your current earnings.

Again, you haven't made a case for lifetime alimony. You've been married for 18 years - why should your husband support you for the potentially 40 or more years you could live? Again, I would count on 6 years, maybe as much as 9 based on the circumstances. That gives you a little time to figure out what you're going to do (assuming, of course, that you actually get an order for alimony AND he actually pays AND he doesn't die).

CA has a self-help program that might help you:
California Courts: Self-Help Center: Families & Children: Child, Spousal, & Partner Support: Child, Spousal, & Partner Support Questions & Answers

HOWEVER, the self-help program will help you to work toward getting as much as you can, but realistically, you need to plan for the worst (which would be little or no alimony). And I would absolutely drop the idea of lifetime alimony. Again, with a good attorney, it is just barely remotely possible, but odds are tiny - and even smaller if you're doing it without an attorney.

I am not certain that she doesn't have a case for lifetime alimony.

She has serious medical problems and lifetime alimony can be ordered in any marriage over 10 years in length in CA. Now, I am not going to guarantee that she will get it, but I don't think her odds are as slim as you do.

 

[mistoffolees]

I am not certain that she doesn't have a case for lifetime alimony.

She has serious medical problems and lifetime alimony can be ordered in any marriage over 10 years in length in CA. Now, I am not going to guarantee that she will get it, but I don't think her odds are as slim as you do.

She's working now. She doesn't provide any reason to believe that she can't work full time. Even if she has to undergo surgery, she says she'll be back to work in 2-3 months.

I think it's dangerous to take that information and conclude 'permanent disability'.

 

[kaninchen]

I am not certain that she doesn't have a case for lifetime alimony.

She has serious medical problems and lifetime alimony can be ordered in any marriage over 10 years in length in CA. Now, I am not going to guarantee that she will get it, but I don't think her odds are as slim as you do.

Of course I will try to get a job with medical coverage, it's just very hard right now in this economy. I can't work 2 jobs ( you mean like 60 hours a week ???). I also have a child to take care of but I will look for full time work. Can I have dissability when I am out for 2-3 months form work. I currently have a green card, no citizenship. Do I qualify for that. Do people really lose their job when they can't work for 2-3 months ?

 

[mistoffolees]

Of course I will try to get a job with medical coverage, it's just very hard right now in this economy. I can't work 2 jobs ( you mean like 60 hours a week ???). I also have a child to take care of but I will look for full time work. Can I have dissability when I am out for 2-3 months form work. I currently have a green card, no citizenship. Do I qualify for that. Do people really lose their job when they can't work for 2-3 months ?

Sorry, but the possibility that you'll be unable to work for 2-3 months does not make you permanently disabled and is not a valid reason for lifetime alimony.

And, yes, lots of people with kids do work two jobs.

 

[kaninchen]

Sorry, but the possibility that you'll be unable to work for 2-3 months does not make you permanently disabled and is not a valid reason for lifetime alimony.

And, yes, lots of people with kids do work two jobs.

Do I qualify at least for dissability when I am out for 2-3 months ?

 

[dmcc10880]

Lifetime alimony? Not a chance. Yes, you've been in a long term marriage by CA standards. It's likely you'll receive alimony for a period of time (maybe up to 9 years) so you can enter the workplace on a full time basis. You should look for a job that provides medical insurance and at least short term disability.

Side note... why should the taxpayers provide you with disability payments?

 

[Proserpina]

Do I qualify at least for dissability when I am out for 2-3 months ?

I noticed you mentioned you were a green-card holder.

Did your husband sponsor you? If he did - WHEN did he file?

(This could be important)

 

[mistoffolees]

Do I qualify at least for dissability when I am out for 2-3 months ?

That depends on the nature of the disability. If you have disability coverage at work, it depends on the terms of the policy. If you're talking about social security disability, it depends on their rules - call their office to find out. However, the fact that you're only working part time is going to work against you.

I noticed you mentioned you were a green-card holder.

Did your husband sponsor you? If he did - WHEN did he file?

(This could be important)

Absolutely. Important point.