Can I contest my ex husband's life insurance or modify our divorce decree?

[Linda28]

What is the name of your state? New York

My ex husband and I were divorced in 2001 and I gave up any rights to his pension or Alimony because I was being harassed by his live-in girlfriend and just didn't want anything to do with that whole mess anymore (Also, I am not materialistic). The problem that I have is that my ex-husband did not mention his life insurance as an asset nor did he mention his military benefits (BAH, BAS, COLA, Special Pay, etc) as part of his income. Courts don't really know about these benefits so they over look them. I was only 22 at the time and knew nothing about military pay, so I was ignorant to those benefits as well. I didn't care for his money but he did promise me that he would keep our kids as beneficiaries of his life insurance in the event of his death, but it was only a verbal agreement. I didn't know that it could be included in the Divorce or should be included in the Divorce since it was purchased during our marriage. To make a long story short, my ex husband passed away last month and I just found out that he removed our kids from his life insurance policy and they are only 10 & 11. I don't know who is going to assist me in taking care of them financially as far as expensive things like medical bills and emergencies are concerned. Do I have a right to dispute who his life insurance is paid to since he did not mention it in our divorce and since we did have a verbal agreement? It's unfair that he would do something like this to us, what can I do? Can the divorce decree be modified to include the life insurance policy? Thank you in advance for your help.

 

[Ohiogal]

To make a long story short, my ex husband passed away last month and I just found out that he removed our kids from his life insurance policy and they are only 10 & 11. I don't know who is going to assist me in taking care of them financially as far as expensive things like medical bills and emergencies are concerned.

You are the parent so that is your responsibility. You can also apply for death benefits for your children that were also his.

Do I have a right to dispute who his life insurance is paid to since he did not mention it in our divorce and since we did have a verbal agreement?

NOpe. It passes to whoever he named as beneficiary.

It's unfair that he would do something like this to us, what can I do?

Nothing much. If he did not leave a will, his children will be entitled to some of the estate that is left that goes through probate.

Can the divorce decree be modified to include the life insurance policy?

No because it is far too late to modify a decree from 2001. You will be raising your children on your own from now on with no financial help from anyone.

 

[LdiJ]

Well...I disagree that she will get no financial help from anyone. Her children are eligible for social security survivors benefits and she should absolutely apply for those. They also may be eligible for some military benefits depending on the circumstances.

 

[nextwife]

What is the name of your state? New York

My ex husband and I were divorced in 2001 and I gave up any rights to his pension or Alimony because I was being harassed by his live-in girlfriend and just didn't want anything to do with that whole mess anymore (Also, I am not materialistic). The problem that I have is that my ex-husband did not mention his life insurance as an asset nor did he mention his military benefits (BAH, BAS, COLA, Special Pay, etc) as part of his income. Courts don't really know about these benefits so they over look them. I was only 22 at the time and knew nothing about military pay, so I was ignorant to those benefits as well. I didn't care for his money but he did promise me that he would keep our kids as beneficiaries of his life insurance in the event of his death, but it was only a verbal agreement. I didn't know that it could be included in the Divorce or should be included in the Divorce since it was purchased during our marriage. To make a long story short, my ex husband passed away last month and I just found out that he removed our kids from his life insurance policy and they are only 10 & 11. I don't know who is going to assist me in taking care of them financially as far as expensive things like medical bills and emergencies are concerned. Do I have a right to dispute who his life insurance is paid to since he did not mention it in our divorce and since we did have a verbal agreement? It's unfair that he would do something like this to us, what can I do? Can the divorce decree be modified to include the life insurance policy? Thank you in advance for your help.

If you were only 22, how long were you even married? Assets he acquired outside the marriage would not have been relevant anyway.

If you wanted to GUARANTY your kids life insurance if dad died, you COULD have simply bought some yourself. That's what I did/ If dad was a young guy, his life policy would have been way cheaper than the ones I bought on my hubby.

Who would have assisted HIM in supporting those kids if YOU had died? Did you name the kids in life insurance to help him in case YOU die?

 

[Ohiogal]

Well...I disagree that she will get no financial help from anyone. Her children are eligible for social security survivors benefits and she should absolutely apply for those. They also may be eligible for some military benefits depending on the circumstances.

I stated death benefits she should apply for. Sorry i meant Social Security Survivors Benefits.