When is a divorce considered pending?

[Batman8420]

I'm in NJ and I was wondering at what point is a divorce considered pending? Is it when papers are served out when a judge reviews the case? Thank you for what ever help you can provide!

 

[LdiJ]

I'm in NJ and I was wondering at what point is a divorce considered pending? Is it when papers are served out when a judge reviews the case? Thank you for what ever help you can provide!

What is the context of your question?

 

[Batman8420]

My father was dying of stage 4 colon cancer. After serving my mother with papers he changed his life insurance from her to myself and 2 brothers. My mother and her attorney prolonged the precedings because they knew the severity of his disease and as she put it ill just wait for him to die. Unfortunatly my father lost his battle on Dec 23. My mother got a $900,000 pension, the house and now is trying to take away the one thing my father actually got left for his children. And I was just told today that if a divorce was pending he may not have been allowed to change the beneficiary from her to us. I hope this helps you to answer my question.

 

[ecmst12]

So it sounds like since the divorce was pending and NOT FINAL, he would not have been allowed to change his beneficiaries. If the divorce had been final, the change would have been allowed.

 

[FlyingRon]

My father was dying of stage 4 colon cancer. After serving my mother with papers he changed his life insurance from her to myself and 2 brothers. My mother and her attorney prolonged the precedings because they knew the severity of his disease and as she put it ill just wait for him to die. Unfortunatly my father lost his battle on Dec 23. My mother got a $900,000 pension, the house and now is trying to take away the one thing my father actually got left for his children. And I was just told today that if a divorce was pending he may not have been allowed to change the beneficiary from her to us. I hope this helps you to answer my question.

If he was still married to her when he died, then that is all that matters.

If we were talking about the retirement, it almost certainly would require her consent to change the beneficiary.

In the case of life insurance the potential insurance payout in most states would not be considered to be marital property. In fact, my insurer only requires the spousal waiver for Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, or Wisconsin (The community property states).

 

[not2cleverRed]

Well... the divorce wasn't finalized...

http://www.rkleinerlaw.com/2011/03/23/life-insurance-in-a-divorce/

Apparently, in NJ, such changes are a no-no.

Sorry, Dad should have set something for you kids well before filing.
(As in, more than 90 days, and well before his illness - it's called estate planning.)
And he should have informed the judge of the recent changes.

I'm sorry to hear that you hate your mother so much.

 

[Batman8420]

Here is something I forgot to mention which now that I think about it may be pretty a factor. My father took out the insurance policy after he had moved out and seperated from my mother 5 years ago. It was a term life policy that had been taking out for a settlement agreement that was never filed in a court. My father lived on his own already seperated from my mother when the policy had been taken out. The policy had been paid for soley by my father in a bank account that had only his and my name on.The policy was taken out after their seperation, Does that change anything?

 

[Ohiogal]

Here is something I forgot to mention which now that I think about it may be pretty a factor. My father took out the insurance policy after he had moved out and seperated from my mother 5 years ago. It was a term life policy that had been taking out for a settlement agreement that was never filed in a court. My father lived on his own already seperated from my mother when the policy had been taken out. The policy had been paid for soley by my father in a bank account that had only his and my name on.The policy was taken out after their seperation, Does that change anything?

Unless they had a separation agreement, no it does not change anything. He had no right to change beneficiaries AFTER he filed for divorce. Any income he earned was still marital income.

 

[Batman8420]

I said settlement agreement, I meant in a seperation agreement. They had a seperation agreement but it was never filed in a court. They lived seperate and he paid her $3000 a month.

 

[tuffbrk]

Nj does not have a formal law that authorizes a legal separation.

The only possibility of preventing Mom from gaining all is if your parents had drawn up a Marital Settlement Agreement AKA a Property Settlement Agreement AKA an Interspousal Agreement.

It doesn't matter if Dad paid for the policy with funds from a separate checking, etc. All funds earned during the marriage are marital funds. Further, if Dad didn't want Mom to inherit, he needed only to have Mom sign off on his decision to name another party as beneficiary on his policy.

 

[Batman8420]

Well unfortunatly hours idiot lawyer didnt create an estate for him our even properly advise him to change the beneficiary 90 days prior to serving divorce papers and as for having my mother sign off she already stated to my father once she knew he was terminal that she wouldn't sign anything ill just wait till he dies. Her lawyer and her did what ever they could do to delay these precedings.

 

[Zigner]

Well unfortunatly hours idiot lawyer didnt create an estate for him our even properly advise him to change the beneficiary 90 days prior to serving divorce papers and as for having my mother sign off she already stated to my father once she knew he was terminal that she wouldn't sign anything ill just wait till he dies. Her lawyer and her did what ever they could do to delay these precedings.

What in the world are you talking about? An "estate" is not something created by an attorney. Estate refers to the belongings, etc., of a person. And, how do you even know that your father discussed the change of beneficiary with his attorney?

 

[Bali Hai]

Unless they had a separation agreement, no it does not change anything. He had no right to change beneficiaries AFTER he filed for divorce. Any income he earned was still marital income.

I agree about changing the beneficiaries after filing. However, on the date of commencement of the divorce action (legal filing) his income switched from "ours" to "his".

 

[Ohiogal]

I agree about changing the beneficiaries after filing. However, on the date of commencement of the divorce action (legal filing) his income switched from "ours" to "his".

Wrong. Until the divorce was final it was still marital income.

 

[Bali Hai]

Wrong. Until the divorce was final it was still marital income.

It might be technically marital income, but is not subject to division.

oops, I misread the state, sorry.