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does rights of new marriage supersede old divorce decree?

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anaiah

Guest
i'm about to get married. my fiancee has been married previously. he has named me as beneficiary of his estate. however, his divorce decree states that his two daughters be named as the equal benficiaries of any life insurance policies and pensions that he holds. when we are married, will our marriage rights void this requirement of his divorce?
 


D

deefran

Guest
anaiah said:
i'm about to get married. my fiancee has been married previously. he has named me as beneficiary of his estate. however, his divorce decree states that his two daughters be named as the equal benficiaries of any life insurance policies and pensions that he holds. when we are married, will our marriage rights void this requirement of his divorce?
If he has named you as beneficiary of his estate when he was court ordered to name his daughters as his beneficiaries then he is in contempt of court. A new marriage does not change a court ordered decree, unless it specifically stated that it would. Considering that the beneficiaries are his children and not his ex wife, that will not change. Just want to let you know that if he passes on, that there will be a court battle over his estate and his children will win as he went against the divorce decree.
 
A

anaiah

Guest
thank you for the information. i now believe that he has two separate policies.
 

I AM ALWAYS LIABLE

Senior Member
anaiah said:
thank you for the information. i now believe that he has two separate policies.
My response:

You're not getting it. You're not understanding. You said it yourself, yet you're not understanding:

"his divorce decree states that his two daughters be named as the equal benficiaries of any life insurance policies and pensions that he holds."

The operative phrase is, ". . . ANY life insurance policies".

Therefore, he could have 100 life insurance policies, and his daughters will get everything no matter who is named as the beneficiary.

Why ?

Because HE is the "subscriber" to the policy; i.e., he's the one making the purchase ! So, no matter how many "policies" (as in plural) he may buy, the insurance proceeds would always go to his daughters.

So, your next question is, "How do I get around this ?"

Simple.

YOU buy a policy on your husband, YOU be the subscriber, with him signing only that it is okay for you to buy a policy on his life, but you buy it as the subscriber, and then you make sure, since you would be the "subscriber", to sign any premium checks to pay for the monthly premiums. Make sure you're named as the beneficiary. Then, the daughters will not be able to make a claim to that money.

IAAL
 

LegalBeagle

Senior Member
Just to add to the stunning advice from IAAL, once you have setup the new policies, you then use the huge pile of papers to smack your so to be husband around the head 23 times for agreeing to such a stupid divorce agreement.
 

LegalBeagle

Senior Member
To some extent I agree Homie.. but I do not think any open agreement is good practice.. everything should have a limit. Whether that is money or time...
 
S

stepmommy26

Guest
:mad: No I disagree, just because she's the second wife does'nt mean she is not important! That's his wife, not second, not the other wife, just his wife!
 

shanney27

Member
I totally agree...also children should be raised to be independant and should be able to provide for themselves. I do believe a policy should be in place (as in our case) for the minor children that would cover CS obligation and college for the child/ren in event of NCP death, but all policies? That is absurd. I may be his "second wife", but HE is MY FIRST HUSBAND and I would expect to be taken care of in the event of this death. I would also need the money to pay for funeral expenses and bills of the marriage. Raising one's children is a very important responsibility no doubt, but this guy just plain got taken for a ride on this one...At least there is a way around it...

Shanney
 

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