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 Posted: Fri Jan 09, 2009 5:23 pm Post subject: My husband divorced his first 17 years ago. She made him ca |
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| Can an X wife go after the new wife's assects if the X husband cancels his life ins. he was supposed to keep his X as benif. on? He doesn't have an estate, as we rent a senior condo, have one car with my name on it, and a joint checking and saving acct., and he has a small life ins. policy with me as benif. |
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clp1954
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Joined: 09 Jan 2009
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| Posted: Sat Jan 10, 2009 10:25 am Post subject: insurance |
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| I'm not an 'expert' in this, but, I'll give my ' 2 cents'. I don't see how the Ex wife can go after ANYTHING if the Life Insurance was cancelled....even if she was Beneficiary, at one time. Ok.he has a small Life Insurance policy. Whoever is Beneficiary on it, that's how it stays until the name of the Beneficiary is changed or the policy is cancelled. |
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sdchargersfan
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Joined: 21 Aug 2007
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| Posted: Sun Jan 11, 2009 5:30 pm Post subject: |
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Ok, first how did this happen? | Quote: | | Can an X wife go after the new wife's assects if the X husband cancels his life ins. he was supposed to keep his X as benif. on? |
Who said he had to keep her on as beneficary and for how much and how long? and if legally required to do so (and are you really sure?) then why on earth did he not do it?
If there is a court order saying that she is to receive 'x' amount of dollars upon his death there could be an issue...I've just never heard of an 'ex' being required to do this for an indeterminate time...while there are children to raise, yes, but not after that...please advise how this came to be, re-read the divorce settlement if that is where it is, and make sure there is not a time limit on it....also how long were they married? does he have retirement or ss or rr retirement?
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Lori
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| Posted: Mon Jan 12, 2009 9:11 am Post subject: |
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| Quote: | | Can an X wife go after the new wife's assects if the X husband cancels his life ins. he was supposed to keep his X as benif. on? |
NO, if you are the beneficiary of his plans the benefits are going to come to you. The ex spouse isn't allowed to receive the benefits is she isn't the named beneficiary in the policy.
The insured is free to choose anyone as the beneficiary on his policy. The law doesn't mandate a person to put his ex-spouse on the life policies. However, as Lori has mentioned if there are certain clauses mentioned in the divorce document about keeping the ex wife well covered under the plan, mainly when the child support is the issue, then only she can claim the benefits legally.
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anonymous 12
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