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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 11338
Experience:  Licensed Texas General Practice Attorney
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New Jersey law I lost my job after 18 years, which came

Customer Question

New Jersey law:

I lost my job after 18 years, which came with life insurance, as part of my divorce agreement 18 years ago, my exwife was to remain beneficiary on any existing life insurance policies. As this particular life insurance was tied to my job which i was laid off from; am I under any obligation to replace it? I am now 64, have a heart condition, and still pay $2000/monthly in permanent alimony in NJ.
Submitted: 3 years ago.
Category: Family Law
Expert:  ScottyMacEsq replied 3 years ago.
Chat Conversation Started
ScottyMacEsq :

What was the specific language of the order?

ScottyMacEsq :

Did it specifically state "remain" on any "existing policies"?

Customer :

with regard to any existing life insurance, the Husband shall be required to designate the Wife as the death beneficiary for so long as he has obligation for the payment of alimony pursuant to the terms of this judgement.

ScottyMacEsq :

"Existing" means just what it says. While a court may read into a document things that are not there, it is not going to ignore words that are there. So at the time of the divorce, you had an existing life insurance policy, and were required to designate your ex as the beneficiary. But you lost this policy (with no fault of yourself) so you're relieved of this obligation.

ScottyMacEsq :

Otherwise, the decree would have said "existing or future life insurance..."

ScottyMacEsq :

And would have spelled out that you have an obligation to maintain life insurance for her benefit.

ScottyMacEsq :

So no, you are not under any obligation to replace it.

ScottyMacEsq :

The language of the order is going to be what controls.

ScottyMacEsq :

If you have any other questions, please let me know. If not, and you have not yet, please select the "accept" button. Thank you, XXXXX XXXXX good luck to you!

Customer :

thank you, XXXXX XXXXX thing off my mind as she seems to feel that I have to cover it. now i am getting close to retirement as well as being out of work and if I don't find a new position soon will have to go for modification of permanent alimony; where I know my assets will be looked at, I don't own a home anymore, but my new wife does. New Jersey is quite difficult on this

ScottyMacEsq :

Most states are. This is one less thing to worry about.

Customer :

thank you

ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 11338
Experience: Licensed Texas General Practice Attorney
ScottyMacEsq and 13 other Family Law Specialists are ready to help you
Expert:  ScottyMacEsq replied 3 years ago.
My pleasure. Again, make sure that you document everything! Make sure that you can show that you lost your job due to no fault on your part, so your ex cannot come back and say that it was your fault that you're not paying the insurance.

Again, thank you and good luck to you!
Customer: replied 3 years ago.
I forgot one more thing, if I get a new job with life insurance do I have to designate ex as beneficiary?
Expert:  ScottyMacEsq replied 3 years ago.
I don't think so. Again, the order said "existing". What that means is that at the time of the order, any life insurance policies that were existing then. I don't think that "existing" would me "active", in the sense that if you have a life insurance policy, you have to have her on it. If it meant that, it could just say "life insurance" policy.

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