Divorce or insurance question?

[mirakarina]

What is the name of your state (only U.S. law)? North Carolina

I'm divorced almost a year, but just now awaiting judge's decision on alimony and equitable distribution. In the settlement proposal, my lawyer and I forgot to ask to have my ex keep me as the beneficiary to his life insurance policy. I am the dependent spouse (29 year marriage), on psychiatric disability, and my only income is my meager disability payment and whatever the judge decides to award as alimony. I will never work again and if the ex dies, so will my alimony.
I don't know if it's too late to add that to the decision or not. Have not been able to catch my lawyer by phone to ask.

I read the couple of queries about taking out insurance on someone else. Since I am just about completely dependent on the alimony for income, I definitely have a vested interest in my ex's life. Can I take out a policy on him, w/o involving him (we are not on speaking terms) to help safeguard my future in the event that he should die and has changed his beneficiary??

 

[ecmst12]

I believe you can't take life insurance out on someone else without at LEAST their knowledge and possibly their consent.

You should definitely attempt to take out your own policy though. If your ex gets married again, he will probably want the new spouse as the beneficiary. And if you are the policyholder, you can make sure that the beneficiary isn't changed and the premiums are paid.

 

[mistoffolees]

I believe you can't take life insurance out on someone else without at LEAST their knowledge and possibly their consent.

You should definitely attempt to take out your own policy though. If your ex gets married again, he will probably want the new spouse as the beneficiary. And if you are the policyholder, you can make sure that the beneficiary isn't changed and the premiums are paid.

I would suggest that she try to take out a policy NOW (before the final ruling is issued). If her ex agrees, there's no problem and no legal expense. If her ex somehow prevents it (I'm not sure he can, but hypothetically), THEN she can spend the money asking her attorney to make a motion before the final decree is issued. It will almost certainly be easier now than after the final decree.

Since she's not asking her ex to pay for it, but simply for her ex to sign to allow HER to carry insurance, there's absolutely no reason why the court wouldn't order it.

One more thing:
Check the wording of the decree. If it says that alimony continues only until either the payor or payee die, then she's got a problem. OTOH, most decrees I've seen say that alimony continues until the PAYEE dies or until the time limit is reached, whichever comes first. In that case, if the payor dies, OP would still have a claim against payor's estate.

 

[nextwife]

I would suggest that she try to take out a policy NOW (before the final ruling is issued). If her ex agrees, there's no problem and no legal expense. If her ex somehow prevents it (I'm not sure he can, but hypothetically), THEN she can spend the money asking her attorney to make a motion before the final decree is issued. It will almost certainly be easier now than after the final decree.

Since she's not asking her ex to pay for it, but simply for her ex to sign to allow HER to carry insurance, there's absolutely no reason why the court wouldn't order it.

One more thing:
Check the wording of the decree. If it says that alimony continues only until either the payor or payee die, then she's got a problem. OTOH, most decrees I've seen say that alimony continues until the PAYEE dies or until the time limit is reached, whichever comes first. In that case, if the payor dies, OP would still have a claim against payor's estate.

But, their "estate" would only consist of those assets subject to probate. Anything titled to pass outside probate would not be part of their estate.

What is the poster's plan if payor is themselves disabled, ill, hospitalized, in a nursing home or whatever and has no means of paying but is NOT dead? I had a parent disabled in their late 40s from a brain tumor (they lost most left side functions, including speech, which makes employment a problem). What do they plan to do if/when the payor is too ill to work?