Can my legally separated spouse extend his receipt of alimony and health care benefits past the date approved by the court?

The global agreement in my legal separation, approved by the court, ends Nov. 1. My husband, the recipient of monthly spousal support as well as health care benefits, is threatening that he will sue me to continue receiving payments and benefits from me. Can he? Furthermore, will initiating divorce proceedings cause us to start from scratch or will the years of support I have provided be taken into account?

Sebastopol, CA -

Attorney Answers (1)

Michael John Apicella

Michael John Apicella

Divorce / Separation Lawyer - Petaluma, CA

It would be better to answer your question after reviewing the settlement agreement. Without the benefit of seeing such agreement, the short answer is as follows: If the settlement agreement set a date certain that spousal support would terminate forever, including terminating the court's jurisdiction to ever consider any further requests for support, then once that deadline is reached, spousal support ends, period. Same goes for health benefits.

Read over your agreement carefully to see if the language is clear. Better yet, feel free to call my office to set up an appointment. I can look over the agreement and provide a thorough and accurate answer. You can find my contact info from the link below.

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