divorce cases involve issues that affect the former child support and spousal
support obligations of the parties. Because these obligations have the
potential to extend for several years after the couple gets a divorce,
certain insurance considerations can come into play. This blog examines
some important insurance considerations when it comes to divorce cases
involving family support obligations.
When parents of a minor child get divorced, it is important to determine
who will be responsible for health insurance. Sometimes a divorce will
result in one spouse falling out of coverage, requiring them to purchase
a health insurance policy for themselves and their child. The means to
cover expenses for health insurance may be a factor when the court determines
spousal support awards. The court could consider a custodial parent's
likely inusrance costs when caluclating child support obligations. The
obligor spouse may be entitled to pay an amount that would help the custodial
parent purchase and maintain a health insurance policy that covers their child.
Life insurance is a crucial issue that arises during divorce, especially
when family support obligations are involved. For example, if a divorce
occurs between parents of a minor child where one parent is responsible
as the primary custodial parent, the noncustodial parent has a duty to
pay child support under California law. Furthermore, the spouse required
to pay spousal support may have a duty to maintain a life insurance policy
to ensure future child support payments in the event of the obligor spouse's death.
On the other hand, a person does not have a duty to maintain a life insurance
policy to secure spousal support payments. Although people have a duty
to support their spouse, this duty only exists while they are alive. In
contrast, the payment of child support is a duty that lasts beyond the
life of the parent, exposing their estate to liability for future child
Hanson, Gorian, Bradford & Hanich Is Here to Help
Do you need legal advice about your divorce? If so, you've come to
the right place at Hanson, Gorian, Bradford & Hanich. We have the
skill and sophisticated understanding of the law to ensure you and your
family's legal interests are supported.
Contact us online for a consultation exploring your legal rights today, or call us at (951) 506-6654.