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Thread: Divorce Decree

  1. #1
    kmadison8611 is offline Junior Member
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    Divorce Decree

    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?
  2. #2
    moburkes is offline Senior Member
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    Quote Originally Posted by kmadison8611
    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?
    Who was the owner of the policy on your (late) husband?
  3. #3
    kmadison8611 is offline Junior Member
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    We actually have 3. Two policies are through my employer, one supplemental and one a benefit of employment. Those are both in my name as the employee. The other policy was taken out by me and my husband, but I believe he is listed as the owner. None of those policies were in effect as of the time of the divorce decree.
  4. #4
    fairisfair is offline Senior Member
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    I would think, based on the wording of the court order, that your husband should have replaced the employer life insurance policy, with a personal policy of the same type and amount, listing the child as the primary beneficiary, upon his termination of employment. I am of course assuming that she is still under 19 years of age??
  5. #5
    moburkes is offline Senior Member
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    Quote Originally Posted by fairisfair
    I would think, based on the wording of the court order, that your husband should have replaced the employer life insurance policy, with a personal policy of the same type and amount, upon his termination of employment.
    But he didn't do that. Can the husband's ex now sue the wife for the proceeds from the policy that they purchased together? I'm only an insurance agent, but I'm guessing that she cannot now sue the wife for the husband's failure to comply with the order. Also, since the decree doesn't specify an exact amount of insurance, the ex can't make a case that the policy they purchased together is a replacement for the one at work. Or can she?
  6. #6
    kmadison8611 is offline Junior Member
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    Yes, she is.
  7. #7
    moburkes is offline Senior Member
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    Quote Originally Posted by kmadison8611
    Yes, she is.
    Finish the rest of the sentence, please. Yes, she is...what? Now suing you? Well, anybody can sue for anything...

    Did she provide your husband with a copy of her policy showing the daughter as the irrevocable bene?
  8. #8
    fairisfair is offline Senior Member
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    Quote Originally Posted by moburkes
    But he didn't do that. Can the husband's ex now sue the wife for the proceeds from the policy that they purchased together? I'm only an insurance agent, but I'm guessing that she cannot now sue the wife for the husband's failure to comply with the order. Also, since the decree doesn't specify an exact amount of insurance, the ex can't make a case that the policy they purchased together is a replacement for the one at work. Or can she?
    I would think that the suit would be against the estate. I don't know, lets find out.....

    IAAL, can you come out and play???
  9. #9
    fairisfair is offline Senior Member
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    Quote Originally Posted by moburkes
    Finish the rest of the sentence, please. Yes, she is...what? Now suing you? Well, anybody can sue for anything...

    Did she provide your husband with a copy of her policy showing the daughter as the irrevocable bene?
    I believe that is in answer to the statement, I assume she is under 19 years of age (the child)
  10. #10
    kmadison8611 is offline Junior Member
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    Sorry, I didn't realize how many people I'd be talking with at one time. Yes, she is under 19years of age.

    No, she has not sued me at this point. My husband died less than 2 months ago. But she has questioned me on the life insurance policies.

    No, she did not provide my husband with her policy showing their daughter as the irrevocable bene. and I don't believe he provide her with his policy either.
  11. #11
    fairisfair is offline Senior Member
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    hang on, neither mo or I are qualified to give you a definitive answer. Of course she can sue, I am sure you are more interested in whether or not she has a good chance of winning. wait for IAAL, Belize, Ohio, or one of the others.
  12. #12
    kmadison8611 is offline Junior Member
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    Thank you both for your insight. I look forward to reading more.
  13. #13
    fairisfair is offline Senior Member
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    IAAL please!

    can you help this poster??
  14. #14
    Ohiogal is offline Senior Member
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    Can I chime in here?
    I am not IAAL but sometimes you take what you can get!
  15. #15
    kmadison8611 is offline Junior Member
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    Please do! I'd appreciate any feedback.

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