Q: can a judge have a husband's life insurance put into the name of his ex wife?
Wife was already listed as the beneficiary. Due to this a supplemental amount was canceled due to nonpayment because of the name change. This was a loss of $70K. Payments were to stop if she remarried and that was not reported. The ex is receiving 1/2 of husband’s pension through division of property. She has remarried and is now owed arrearage. Can a judge leave the ex penniless paying spousal arrearage? Can a judge legally change a person’s life insurance out of their name resulting in a loss of insurance coverage? Is there a case law reference?
A:
A life insurance policy is marital property if the owner of the policy is married and can be awarded to either spouse in the event of a divorce regardless of which spouse’s name is “on the policy.”
But I have never heard of a court awarding a life insurance policy purchased by a party after a divorce to that party’s ex-spouse. You should consult an attorney in or near the county where the court is located to advise you, under all the facts and circumstances of your situation, if the court had authority to do that and what remedies may be available to you to challenge the court order.
Kelly A Rochotte agrees with this answer
A: You should definitely consult with an attorney on this. They would be able to review the policy and the terms of the decree to give a clearer path forward. The Court would have had to state grounds by which they made such an order, and this outcome seems out of line with general expectations regarding life insurance beneficiaries pursuant to a divorce or marital split.
A: The quick answer is yes and the source is statutory. The specifics of your situation will depend on your original divorce decree, whether the Court retained jurisdiction over spousal support and the purposes of the life insurance policy. In many cases it is in place to ensure continued support in the event of the demise of the obligor spouse. As my colleague suggested you really need to consult a local attorney as this is highly fact specific.
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