Enforce life insurance for alimony after ex-husband's death in Texas.

Question

I have a divorce decree specifying alimony payments for five years, with two years remaining at the time of my ex-husband's death. The decree states that a life insurance policy should be maintained with me as the beneficiary to ensure alimony payments are protected in case of his death. I recently received a call from a management company requesting my banking information to forward it to my ex-husband's widow for alimony payments, which contradicts the decree's terms. I have the final divorce decree documents specifying the insurance policy and alimony terms but have not yet contacted the insurance company or consulted a legal advisor. What steps should I take to enforce the insurance policy as per the divorce decree?

John Michael Frick · Answer

If your husband complied with the decree, you should file a proof of claim with the insurance company as the beneficiary under the policy.

James L. Arrasmith · Answer

Texas Life Insurance Enforcement: Post-Divorce Analysis 
Your divorce decree's life insurance provision represents an enforceable contractual obligation under Texas Family Code §8.101, which specifically recognizes such provisions as binding even after death. Texas courts consistently uphold these provisions as they are designed precisely for this scenario - ensuring continuing support obligations survive the obligor's death. The management company's request to redirect payment responsibility to the widow directly contradicts the legal framework established in your decree, as Texas case law has repeatedly confirmed that properly structured life insurance provisions supersede probate claims and create direct beneficiary rights. 
 
Your immediate action should involve contacting the life insurance company listed in your decree, providing them with certified copies of the divorce judgment, and formally filing your beneficiary claim. Texas Insurance Code §1103.102 establishes your priority claim as a named beneficiary in a court-ordered policy, giving you precedence over competing interests. We strongly advise against providing banking information to the management company until you've verified the insurance policy's status and your beneficiary designation remains intact. 
 
We recommend initiating probate proceedings if necessary by filing an Application to Determine Heirship in the appropriate Texas county court, as this creates a formal legal record of your claim against the estate. The Texas Estates Code provides mechanisms for enforcing divorce decree obligations against estates even when alternative arrangements are proposed by survivors. Given the management company's contradictory approach to your decree's explicit terms, documenting all communications becomes crucial for preserving your rights under Texas contract and family law principles that prioritize written court orders over subsequent third-party arrangements.

Q: Enforce life insurance for alimony after ex-husband's death in Texas.