What are a man’s rights in California pertaining to Separation and Divorce?

UPDATED: Jun 25, 2009

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What are a man’s rights in California pertaining to Separation and Divorce?

My friend’s wife left him in 2006 for another man. She had a child a few months later and lead my friend to believe that it was his. He cared for that child in everyway, as it was his own, even though his wife was with another man. He found out in 2008 that this child wasn’t his, it was the other mans. They have been separated this whole time. They are now filing the papers for divorce. What rights does he have? She told him that he had to put her on his health insurance, so he did. Is that true? She wasn’t on it before. She wants alimony too. She stuck it to him enough. What are his rights?

Asked on June 25, 2009 under Family Law, Arizona


N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Regarding health insurance, some plans require that the husband and wife live together. If your friend and his wife were separated, then he may not have been obligated to have her on his health insurance. Your friend should look at his plan to see what the requirements are. Note that she can request that she be put on his health plan temporarily during the divorce proceedings. It's up to the judge to grant or deny her request.

As for alimony, the court will determine if she is entitled to any alimony. Factors that the court considers include the length of the marriage, the ability of the wife to work, the age and health of the parties, the husband's ability to pay support based on his income, assets, etc., and any other factors that the court deems relevant (the court may, for example, consider the facts of your friend's case ).

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