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Variable life insurance cash value

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Roy7

New member
What is the name of your state? Texas

Had variable life insurance way before we got married . Built up a nice cash value. In the 2 years of marriage it increased by 70k

The policy pays for itself for the last 10-15 years so no premium is paid from any of my accounts or our accounts . It’s self pay .

So my question is what is at risk in a divorce ? Is it the premiums only or the increase in cash value in the two years ? Or nothing at all?

I’m needing to decide my exposure on this matter so I can make the best possible path forward .

No kids/ only known her for 4 years / very low income earner on her part I am the 85% of t he income .
 


Zigner

Senior Member, Non-Attorney
Based on what you've stated, the life insurance is your separate property.
This is because no marital funds have been involved.
 

LdiJ

Senior Member
Based on what you've stated, the life insurance is your separate property.
This is because no marital funds have been involved.

If he made no premium payments during the marriage I would agree with this answer. However, if he used community funds to make premium payments then some of it is going to be community property. I realize that you are assuming from his post that no premiums are being or have been paid during the marriage, but his use of tenses make it a little unclear.
 

Zigner

Senior Member, Non-Attorney
If he made no premium payments during the marriage I would agree with this answer. However, if he used community funds to make premium payments then some of it is going to be community property. I realize that you are assuming from his post that no premiums are being or have been paid during the marriage, but his use of tenses make it a little unclear.
The OP was pretty clear, not sure of the confusion:

"The policy pays for itself for the last 10-15 years so no premium is paid from any of my accounts or our accounts . It’s self pay ."
 

cbg

I'm a Northern Girl
Under Texas law, a life insurance policy that he took out before the marriage is NOT community property.
 

LdiJ

Senior Member
The OP was pretty clear, not sure of the confusion:

"The policy pays for itself for the last 10-15 years so no premium is paid from any of my accounts or our accounts . It’s self pay ."

Like I said, his use of tenses makes it just a little unclear. Hence my "if" statement. If he had said: " The policy has paid for itself for the last 10-15 years so no premium has been paid from my account. It has been self pay." then I wouldn't have felt it was unclear. The very first time I read his statement I though he was talking about something that would happen in the future. ie I thought he meant that it will become self pay in the future, at first, and then I wasn't sure either way.
 

Mark_A

Active Member
When OP says: "The policy pays for itself for the last 10-15 years so no premium is paid from any of my accounts or our accounts. It’s self pay" I assume they mean no premium is paid after year 10 (the last 5 years). If that is not correct, the OP should straighten this out.
 

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