Indianapolis, IN asked in Personal Injury for Michigan

Q: Wife has aflac cancer policy on our daughter. Does she share the payout in michigan?

She took the policy out years ago. We are currently going through divorce and our daughter has been diagnosed with cancer. My ex is now saying she will only pay her 33 percent of the deductible and i am held for the rest. And if i dont pay in full she will get a court order for them to take my checks. Is the payout considered community property and used in full for our daughter? Or is it hers to keep solely? I carry insurance premiums and she carrys the Aflac.

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1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Grand Rapids, MI
  • Licensed in Michigan

A: Your issue is far more complex than what can be answered here. I could see a situation whereby the insurance payout is considered in the child support calculation. I could also see where an outcome would be similar to what your ex is saying.

You should speak with a family law attorney in the county where the divorce is pending as he or she might know how that particular judge may see the issue.

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