Divorce Decree

[Ohiogal]

What is the name of your state? Wisconsin

My late husband was divorced from his first wife back in 1995. In the divorce decree there was a provision for life insurance that stated: "Both parties shall maintain in full force and pay the premiums on all life insurance presently in existence on their respective lives, with the parties' child named as sole and irrevocable primary beneficiary until the child reaches the age of majority or until she reaches the age of nineteen, so long as she is pursuing an accredited course of instruction leading to the acquisition of a high school diploma. During the term of such obligation, the parties shall furnish each other with copies of such policies or evidence of there being such insurance in full force and proof of beneficiary designation upon request."

Poorly written wasn't it? the free one was in existence at the time of the divorce decree. What was its worth? Granted he may not have been paying a premium at the time however the ex wife can sue his estate for the amount of that policy for his daughter. He was to maintain a life insurance policy that was in effect at the time of the decree. He didn't. That is in contempt of the decree. Granted he changed jobs but he had an obligation to obtain a similar policy in the same amount as the "free" one offered at work and make his daughter the primary beneficiary. As such his estate can be sued. Life insurance is not considered part of the estate. Neither is the house IF it is titled to both of you as joint tenants with rights of survivorship. If it was titled just to him that is part of the estate. Any other bank accounts or anything of that nature that he had with just his name on it is part of the estate. It can be sued for the amount of said property. the proper thing to do is take some of that great money that you got from the life insurance policy of which he was an owner and give the daughter that amount so that it can be used to support her. YOu really need an attorney. YOur husband did not fulfill his obligation under the divorce decree by maintaining that insurance. Granted he changed jobs but he was still responsible for said insurance. If he could not keep the exact same insurance he needed to replace it with a similar policy for the same amount.

 

[fairisfair]

Can I chime in here?
I am not IAAL but sometimes you take what you can get!

Oh, we have been waiting for you, see post #11

 

[kmadison8611]

I don't know that I have any of the paperwork from that policy, that all occured prior to our marriage, so I'm not really sure how much it was for. As far as his estate goes, there wasn't anything that was just in his name...except a few bills actually, and I'd give her those without a fight...So, other than her suing the estate, is there anything else she can do because he failed to fulfill his obligation under the divorce decree?

I do intend to set up a trust for his daughter with the proceeds from that policy. In the meantime, she is getting survivorship benefits from social security and his ex is actually getting spousal support as well, because of her low income. Basically, she is receiving twice as much per month as she was from child support.

 

[fairisfair]

just a tip for you poster, when you respond to a particular person, like you are now responding to Ohio, click on the quote button on their last post, that will put what they said as a quote, and you type your response under it, then they will know immediately that you have responded to their last posting. will get you back and forth quicker

 

[kmadison8611]

just a tip for you poster, when you respond to a particular person, like you are now responding to Ohio, click on the quote button on their last post, that will put what they said as a quote, and you type your response under it, then they will know immediately that you have responded to their last posting. will get you back and forth quicker

Thanks for the tip!

 

[Bali Hai]

What is the name of your state? Wisconsin

My late husband was divorced from his first wife back in 1995. In the divorce decree there was a provision for life insurance that stated: "Both parties shall maintain in full force and pay the premiums on all life insurance presently in existence on their respective lives, with the parties' child named as sole and irrevocable primary beneficiary until the child reaches the age of majority or until she reaches the age of nineteen, so long as she is pursuing an accredited course of instruction leading to the acquisition of a high school diploma. During the term of such obligation, the parties shall furnish each other with copies of such policies or evidence of there being such insurance in full force and proof of beneficiary designation upon request."

The only insurance that my husband had at the time was as a free benefit through his employer. There were no premiums and no options to convert that policy at the time when he terminated his employment. In fact, both parties moved around and changed employment which would have nullified any employee sponsored life insurance that was in effect at that time.

Years after we married, we began new policies that designated each other as our beneficiaries with all of the children (his from his first marriage and our own) as secondary beneficiaires.

Now that my husband has passed away, his ex-wife is asking about that initial policy and wondering if their daughter is owed any money from his current life insurance policies - even though she was not listed as beneficiary on those policies. I do intend to create a trust for his daughter, as I will for my own children, with the life insurance proceeds, but his ex-wife wants that money upfront, without any stipulation as to how it's used.

Any help would be appreciated.What is the name of your state?

In the real (non-court) world, a spouse is not required to name the other spouse or their children as beneficiary on any life insurance policies.

Only a court would make such a jackass out-of-control ruling as this one upon divorce.

 

[fairisfair]

Thanks for the tip!

nicely done !!

 

[Ohiogal]

I don't know that I have any of the paperwork from that policy, that all occured prior to our marriage, so I'm not really sure how much it was for. As far as his estate goes, there wasn't anything that was just in his name...except a few bills actually, and I'd give her those without a fight...So, other than her suing the estate, is there anything else she can do because he failed to fulfill his obligation under the divorce decree?

I do intend to set up a trust for his daughter with the proceeds from that policy. In the meantime, she is getting survivorship benefits from social security and his ex is actually getting spousal support as well, because of her low income. Basically, she is receiving twice as much per month as she was from child support.

She can still make a play for the insurance but it could prove difficult because insurance is not part of the estate. She can file contempt charges in which a court may force you to turn over that amount to her from the policy in which your husband was an owner since he did not have the legal right to bequeath you that amount. Most employer insurance policies are based on wages (as in the insurance is worth 2x the annual wages). What I would suggest is you set up a trust with an amount equal to 2x the income of the husband at the time of his divorce. If he was earning 35k then 70k. Put it aside for the daughter and make mom trustee once she signs off on a settlement deal.
The fact that she is getting survivorship benefits doesn't matter because there was a court order that your husband failed to follow.

 

[fairisfair]

good idea, but this thread is a little dusty isn't it???

 

[janebp]

same problem but w/ an older child

NEW JERSEY CASE

Deceased spouse was told at the time of divorce (15 years ago)to have a life ins. policy for the child until the child was 18 or 21 IF iattended college "continuous" and fulltime.

My spouse never had a life insur. policy for child and died 3 months before child's 21st birthday.

After grad from High school the child only attended community college 3 to 9 credits each semester - in other words "emancipating" themself.

As the widow, where do I stand in this case?
Thanks

 

[moburkes]

NEW JERSEY CASE

Deceased spouse was told at the time of divorce (15 years ago)to have a life ins. policy for the child until the child was 18 or 21 IF iattended college "continuous" and fulltime.

My spouse never had a life insur. policy for child and died 3 months before child's 21st birthday.

After grad from High school the child only attended community college 3 to 9 credits each semester - in other words "emancipating" themself.

As the widow, where do I stand in this case?
Thanks

Start your OWN thread, and I will be by to answer your question.

 

[Bali Hai]

NEW JERSEY CASE

Deceased spouse was told at the time of divorce (15 years ago)to have a life ins. policy for the child until the child was 18 or 21 IF iattended college "continuous" and fulltime.

My spouse never had a life insur. policy for child and died 3 months before child's 21st birthday.

After grad from High school the child only attended community college 3 to 9 credits each semester - in other words "emancipating" themself.

As the widow, where do I stand in this case?
Thanks

I believe you are fked.