Can she take our money?

[mkringen]

What is the name of your state? California

I tried the spousal support board and didn't get an answer so I will try here.

My father was divorced from his 2nd wife 17 years ago. He did not fight her at all and really got screwed. Alimony for life, 500k, plus lots of property. One of the conditions of the divorce was that he maintain an insurance policy on himself with the 2nd wife as a beneficiary. A few years ago he went back to get the alimony lowered. This time the insurance policy was not mentioned so he stopped making the payments and canceled the policy. He still has a policy with his kids as the beneficiaries. When he dies can the 2nd wife fight the kids for the insurance money? Or are they totally separate? She has already blown through all her half a mil and cannot make her condo payments.

Thanks for your help.

 

[ALawyer]

I suggest that instead of asking on the boards, you consult a family law lawyer as in order to answer the question someone would have to read the exact language of the separation agreement, divorce decree and any amendments to it.

If he has a duty to maintain insurance, and didn't, it is my understanding she could come after his estate.

Should she try to go after the insurance payable to you -- I do not know if she could capture it as I am not a family law attorney -- I do know the legal cost for you to collect the proceeds should she notify the insurance company (which would liukley deposit it in court and let you and wife number 2 fiight it out) and/or defend an action she brings for the proceeds, would FAR exceed the amount it would cost you to get advice now, and if necessary, make changes that would make the possibility of suit, or recovery, less likely. They may include possibly such things as transferring title to the policy (which perhaps should be done anyway for estate tax purposes), or buying a new policy, or getting the decree clarified.