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My husband's State of South Dakota Property Settlement

Agreement indicates that his ex-wife...
My husband's State of South Dakota Property Settlement Agreement indicates that his ex-wife is the beneficiary of his life insurance policy. This settlement occurred on May 25, 1999. Since then both parties have remarried. My husband and I have been married for 13 years and his ex-wife and her husband have been married for about the same amount of time. Is the property settlement valid even though both parties have remarried?
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Answered in 1 minute by:
6/5/2017
Loren
Loren, Lawyer
Category: Family Law
Satisfied Customers: 35,899
Experience: 30 plus years of experience.
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I am Loren, a licensed attorney for over 30 yrs. Thank you for your patience as I review the question. I will post my response shortly.

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Unfortunately, the settlement agreement remains valid and binding, even in the event of remarriage, unless its terms provide otherwise or the parties seek to modify it and the modification is approved by the court.

I am sorry. I wish I could tell you otherwise.

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I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Loren
Loren, Lawyer
Category: Family Law
Satisfied Customers: 35,899
Experience: 30 plus years of experience.
Verified
Loren and 87 other Family Law Specialists are ready to help you
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Loren
Loren
Loren, Lawyer
Category: Family Law
Satisfied Customers: 35,899
35,899 Satisfied Customers
Experience: 30 plus years of experience.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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