• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Changing something in divorce decree

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

February2003

Junior Member
What is the name of your state? Illinois

In my fiances divorce decree it says, "Both parties shall name their son as their sole beneficiary to their respective life insurance programs as available through their employers until the son reaches the age of 22 years."

The problem is that we are getting married and planning a family, so we need to include me and/or our children in his life insurance policy....however according to his decree, he cannot name anyone beneficiary except his son from his first marriage. He is only 8... and it says until he's 22 years old!

My questions: What is the reasoning behind putting that in their decree? Will it be difficult to change (is this a common or uncommon problem?) Can we change it ourselves? I'm sure we could, but if we did, what is a common acceptable way that others have addressed this in divorce decrees?

THANKS for any thoughts or advice.....
 


HomeGuru

Senior Member
February2003 said:
What is the name of your state? Illinois

In my fiances divorce decree it says, "Both parties shall name their son as their sole beneficiary to their respective life insurance programs as available through their employers until the son reaches the age of 22 years."

The problem is that we are getting married and planning a family, so we need to include me and/or our children in his life insurance policy....however according to his decree, he cannot name anyone beneficiary except his son from his first marriage. He is only 8... and it says until he's 22 years old!

**A: yes, that is correct. A separate non-employer sponsored life insurance policy could be purchased for the coverage of the parties named.
********

My questions: What is the reasoning behind putting that in their decree? Will it be difficult to change (is this a common or uncommon problem?) Can we change it ourselves? I'm sure we could, but if we did, what is a common acceptable way that others have addressed this in divorce decrees?

THANKS for any thoughts or advice.....
**A: no you cannot change anything. The purpose of the requirement is so that HIS son is protected until age 22. You should be happy that he will provide for his son. What are you, some sort of evil "stepmother"?
 

February2003

Junior Member
No, not evil at all. I'm am happy that HE takes care of his son, and that HE is actually a WE. But, we are getting married, and having children, and as it is now, are entitled to noting IF something were to happen to him. The day after he died I'd have NOTHING, not even money to pay for MY HUSBANDS FUNERAL. How would I even pay the bills let alone feed the kids?

Gosh, I'm not evil at all. Just thinking about the future, by addressing his divorce decree terms.
 

HomeGuru

Senior Member
February2003 said:
No, not evil at all. I'm am happy that HE takes care of his son, and that HE is actually a WE. But, we are getting married, and having children, and as it is now, are entitled to noting IF something were to happen to him. The day after he died I'd have NOTHING, not even money to pay for MY HUSBANDS FUNERAL. How would I even pay the bills let alone feed the kids?

Gosh, I'm not evil at all. Just thinking about the future, by addressing his divorce decree terms.

**A: did you read all of my post? My response inside the box?
 

nextwife

Senior Member
Honey, what is so hard to understand?

For YOUR and your future kid's protection, simply get another policy! I'm a second wife, I bought and pay for three policies on my husband (one through my employer) so I and our 7 year old together have insurance protection. The existance of these policies and my status as beneficiary (and owner) in no way interferes with any prior Court Orders or the status of his now grown kids as beneficiaries on THOSE..

And NEVER solely rely on one policy through employment! If he loses that job, he may lose that insurance
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top