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Lucy, Esq.
Lucy, Esq., Attorney
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I live in California and was recently divorced. Prior to the

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I live in California and was recently divorced. Prior to the divorce my then husband tricked me into signing his changes to his life insurance policy--changing it from going to me 100% in the event of his death to splitting it four ways, with a quarter going each to me and our three children. I would have shared it with my children anyway if they needed help. The life insurance policy was not mentioned in our divorce agreement. I recently learned that since the divorce was finalized (a year ago), he cut me out of the life insurance policy completely, without my consent or knowledge. Was this his right to do, and do I have any legal recourse to fight this?
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Unless the divorce decree required him to continue providing life insurance for your benefit, once the divorce was final, he was free to remove you as a policy beneficiary, with or without your consent. Unfortunately, that also means that, while it may have been morally wrong to trick you into signing the forms, legally, it's a moot point - he could have removed you from the policy following the divorce either way. It only would have been an issue if he had died before the divorce was completed.

A term life insurance policy has no value until a person's death. If that's the type of policy that he had, you unfortunately wouldn't be able to go back and ask for any portion of it. If he has the type of policy where premiums paid are a cash asset that grow value over time, then you may be able to file a motion amend the divorce decree to request 1/2 of the value in the account at the time of divorce. That would be called a permanent life insurance policy.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 20489
Experience: Lawyer
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