by mynewlife » Wed May 06, 2009 06:03 pm
A month before my husband moved out and filed for separation he changed his beneficiary to his life policy to his mistress. He is now dating the mistress. Can I sue the mistress or husband to get the beneficiary changed back to me and the kids? We were married 19 years and have only been living separate for a month now. I am suing her for alienation of affection already. She was behind the scenes for 4 1/2 years. I just found out about her through phone records. :roll:
Posted: Thu May 07, 2009 08:01 pm Post Subject:
I doubt that you can change the beneficiary, but most likely the court will award a portion of the cash value of the policy to you. This assumes that you are speaking of whole life and not term.
Posted: Fri May 08, 2009 08:30 am Post Subject:
JT says:
This assumes that you are speaking of whole life and not term.
How eaxctly the court decision would vary with the type of the policy? What the wife should expect if its indeed a term life plan?
Posted: Fri May 08, 2009 11:07 am Post Subject: insurance
but clearly his children are not his priority given recent behavior..
It sure doesn't seem like it, does it?...........the kids being the first priority, I mean. OP..can you find out if the kids are included in the policy ( at least)? Being a mom, myself, I would try to find out anyway I could.Posted: Sat May 09, 2009 11:45 am Post Subject:
Hi JT Insure,
I doubt that you can change the beneficiary, but most likely the court will award a portion of the cash value of the policy to you.
Would you care to show me how this cash value could be apportioned under such circumstances?
Steven
Posted: Mon May 11, 2009 02:17 am Post Subject: insurance
I don't see how the OP can get ANYTHING if she is no longer the Beneficiary ( or anywhere on the policy). The husband does have a responsibility to the children..even if they are NOT on the policy ( this I'm assuming, anyway). I think the OP can fight for her kids, but, not herself.
Posted: Mon May 11, 2009 10:00 am Post Subject:
There can certainly be something as part of the divorce settlement that forces the husband to be the insured on an insurance policy with the ex-wife and/or kids to be beneficiaries.
Posted: Mon May 11, 2009 05:28 pm Post Subject:
Having only heard of such instances second hand, I am not in a position to speak of how the cash value would apportioned - perhaps a 1035 exchange of some kind would make sense. What are your thoughts Steven?
Posted: Tue May 12, 2009 10:07 am Post Subject: Life
SO............if the wife is NO LONGER on the Insurance policy, a court can STILL order the husband to 'carry' her on the policy? I thought the courts had to abide by who the Beneficiary is ( of course, the children are a different 'case'). I can understand the courts ordering coverage for the kids, if some reason they aren't on the policy.
Posted: Wed May 13, 2009 11:34 am Post Subject:
Benificiary means person named in wil or financial contract as the inheritor of particular asset or property. Benificiary in insurance policy can be changed as per policy holders wish unless it is irrevocable benificiary, even suing her in this case would not help, you can still consult your attorney first.
Posted: Mon Jun 08, 2009 08:01 pm Post Subject: changing joint CD to his daughter
My husband changed our joint CD to another bank where his daughter banks and put her on a sole beneficiary without my knowledge. he says it was his money. We have been married 18 yrs. and it is our second marriage. Can I challenge this upon his death?
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