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General Forums >> Spousal Support /Alimony
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jjaann
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Reged: 03/16/08
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Loc: Virginia
spousal support/health insurance
      #187281 - 03/16/08 03:40 PM (72.192.239.144)
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My husband and I have been married for 29 years. I have been a SAH mom for most of that time. We have four children but they are grown and 2 are still in college. I just have a high school education. I was diagnosed with a chronic illness 2 1/2 years ago. I am on some very serious meds. These meds enable me to walk and function. The meds without insurance cost $1500 a month. Will he be required to somehow keep me insured?

How much spousal support do you think he will have to pay? I am in Virginia. I am confused about that amount. I have read many posts and I think I am reading about 30%.

He seems to be acting very fair but you know that can fall apart in a second. I am living in the family home and he says I can stay there for a year or more depending on how the real estate market is doing. Three of my sons are still living at home.

I am making an appointment for a lawyer right away. But if we are coorperating, I don't want to sink a lot of money into lawyers. We really are broke. I handle the finances and I know!!!!


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Samsung
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Re: spousal support/health insurance [Re: jjaann]
      #187283 - 03/16/08 04:13 PM (71.214.149.56)
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Is your divorce a mutual decision? Who decided to file? I've read many stories, absent abuse or alcoholism, where couples really gave it one last shot, succeeded, and never looked back.

Alimony is a crapshoot. There is not specific time or percentage. Be careful using an attorney. Many go after the other spouse like shark, creating severe anomosity, which is harmful both spouses and children. It is best to come up with a mutual agreement outside of court.


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jjaann
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Reged: 03/16/08
Posts: 47
Loc: Virginia
Re: spousal support/health insurance [Re: Samsung]
      #187286 - 03/16/08 04:22 PM (72.192.239.144)
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He wants the divorce. He had an affair a year ago. We decided to work on the marriage after the affair but I was the only one working. We had a rocky marriage but I thought we should try but he just couldn't. I don't know if his affair continues but he does have another relationship........WORK. If we don't use a lawyer, how do I make sure I am getting fair treatment?

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Samsung
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Re: spousal support/health insurance [Re: jjaann]
      #187288 - 03/16/08 04:49 PM (71.214.149.56)
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Oh, I would consult with an attorney, but tell them you want a solution that makes it best for everyone, rather than going for the jugular. Some might even tell you they aren't capable of "fair" representation.

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theanswerguy
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Re: spousal support/health insurance [Re: jjaann]
      #187380 - 03/17/08 12:58 AM (64.12.117.143)
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Where do you live ?

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Never let your sense of morals get in the way of doing what's right. Isaac Asimov


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KGrow
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Re: spousal support/health insurance [Re: jjaann]
      #187430 - 03/17/08 09:53 AM (24.8.144.220)
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29 years with a SAHM with high school education - yes, he'll pay. Even so, you are both going to experience an appreciable drop in your standard of living. This will imply some uncomfortable changes for a self-described "broke" family.

I don't know if he can be forced to provide insurance. Be aware that once you divorce, in most cases you can only retain your coverage temporarily through COBRA. Finding affordable coverage with no job and a pre-existing condition may be a challenge.


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jjaann
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Reged: 03/16/08
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Loc: Virginia
Re: spousal support/health insurance [Re: theanswerguy]
      #187731 - 03/18/08 07:44 AM (72.192.239.144)
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I live in Virginia.

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theanswerguy
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Re: spousal support/health insurance [Re: jjaann]
      #187735 - 03/18/08 08:09 AM (64.12.117.143)
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Will he be required to somehow keep me insured?


>>>>>>>>>>>>>>>> Insurance coverage for a divorced spouse can be ordered .

From the Virginia Code :

C. In any proceeding under this title or Title 16.1 or Title 63.2 on the issue of determining child support, the court shall have the authority to order a party to provide health care coverage, as defined in § 63.2-1900, for dependent children if reasonable under all the circumstances and health care coverage for a spouse or former spouse.

--------------------
Never let your sense of morals get in the way of doing what's right. Isaac Asimov


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jjaann
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Reged: 03/16/08
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Loc: Virginia
Re: spousal support/health insurance [Re: theanswerguy]
      #187737 - 03/18/08 08:24 AM (72.192.239.144)
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Wow! You're good. Thanks a lot. Well that makes me feel a little better. I am freaking out about the health insurance thing. I will have less income but since I will be moving from the area after the divorce I will do fine financially. This all makes me crazy.

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Samsung
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Re: spousal support/health insurance [Re: jjaann]
      #187744 - 03/18/08 09:04 AM (71.214.149.56)
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There are some potential problems. You said you were a SAH, he had an affair just last year, but you were the only one working as of then, and you have a chronic illness that was diagnosed 2 1/2 years ago.

The problem here (and his attorney will admamently point it out), is that you aren't a SAH as you are still, or were working just a year ago, and even while you have the chronic illness, and making more than him.

With that information, you absolutely need an attorney.


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