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My ex wife and I are negotiating divorce terms. We are a…

My ex wife and...

My ex wife and I are negotiating divorce terms. We are a same sex couple married in 2009 in Vermont. I gave birth to a daughter in 2011. I understand in Florida I am required to share custody even though she is not on the birth certificate. What specifically do I have to provide my ex wife in terms of life insurance? She has requested that I have a significant amount of life insurance listing her as beneficiary in case something happens to me before my daughter turns 18. Because as she puts it "she cannot provide for our daughter the way I can". I currently have life insurance listing my daughter as the beneficiary through my employer. Am I required to list my ex wife as beneficiary or have any consideration for her in my life insurance policy? Is there a minimum amount required for the life insurance policy?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Have you talked to a lawyer yet?

No we were trying to do it amicably without one, then she started with specific demands.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so. thank you

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Answered in 15 minutes by:
6/28/2017
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,389
Experience: Began practicing Family Law in 1992
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Before we get started on the question I just wanted to let you know that I severely injured my right arm a couple of week ago so some of my answers may be shorter than normal, but still complete, and there may be typos or other small issues. It also takes me a little longer to hunt-and-peck using just my left hand so please bear with me.

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There is no mandatory requirement that any life insurance be put into place absent a judge's specific order. Certainly, the judge can order that as a division of the marital estate but under your facts I don't think it is that likely.

I'm assuming from the way the question was asked is that you anticipate having custody with your soon to be ex having visitation rights. If the judge orders visitation rights to your ex as parent they are also likely going to order them to pay child support. Typically the one ordered to pay child support will be the one that has to have life insurance so that if anything happens to them the insurance policy takes the place of the child support. In other words, I think it is more likely under your facts for the judge to order your ex to maintain life insurance on herself with you as the beneficiary than it is for the judge to order for you to maintain life insurance on yourself.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,389
Experience: Began practicing Family Law in 1992
Verified
JD 1992 and 87 other Family Law Specialists are ready to help you
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Customer reply replied 1 year ago
Thank you for your help. I am the biological mother and the plan is for me to have physical custody with my ex having visitation rights. She is aware that as the she will be responsible for child support and has requested that I deviate from the Florida standard making it so she only has to pay child support once she gets a job making a specific amount of money.My ex is concerned that she cannot provide for my child if I die and therefore has requested that I get life insurance specifically for her in that event. From your answer above this is not a requirement of me and if I choose not to comply with her request will not impact my order for divorce?Initially when I started the divorce petition the intent was to be uncontested and amicable. Based on her demands and refusal to sign the paperwork I've already put together I may have to do a contested divorce. My goal is complete the documents in such a way that is fair and in the best interest of my daughter so that this divorce is completed as soon as possible.

Correct. She can certainly ask the judge to order you to maintain life insurance and you can counter that since she is paying child support it is more appropriate for her to get life insurance. The last situation is the most common that you see.

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Customer reply replied 1 year ago
Thank you.

You are very welcome.

Thank you very much for allowing me to assist you. While the answers I give can't always be "good news", since the law can't always be favorable to everyone, I do strive to be as accurate as possible and to answer any follow up questions to the best of my ability.

You may receive a survey of some kind in the next day or so regarding your experience here at JustAnswer. Please be advised that I am responsible for the content of my answers but not with the issues of website performance or anything other than the answer. I hope that you will consider issuing a Positive Rating regarding my service to you so that I can continue helping others.

If I can ever provide assistance to you in the future please feel free to ask for me by starting your new question with "FOR DWAYNE B ONLY" and I will pick up as soon as I see the question.

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Customer reply replied 1 year ago
Can you tell me what would determine if she is eligible for alimony? since she has now stated she will be requesting it.

The judge first considers the other spouses need and the ability to pay. Then the judge considers the following factors in determining whether the alimony should be temporary or permanent and how much to award:

  • the financial resources of the spouse seeking maintenance, including separate property and any award of marital property
  • all sources of income, including investment income, available to either spouse
  • each spouse’s earning capacity, educational history, vocational skills, and employability
  • any time and expense required by the spouse seeking maintenance to obtain education and training for appropriate employment
  • the marital standard of living
  • the length of the marriage
  • each spouse’s age and physical and emotional condition
  • each spouse’s contribution to the marriage, including homemaking, child care, education, and helping the other spouse build a career
  • any tax consequences of the alimony award, and
  • the responsibilities each spouse will have for any minor children they have in common.

The judge can also consider fault in the break up in the marriage, for instance if your soon to be ex committed adultery or was abusive.

For a marriage between 7 and 17 years in duration, the burden of proof to justify whether an award is appropriate must be by clear and convincing evidence which is a fairly high standard.

The standard is even higher is you were married less than 7 years from the date of the marriage to the date someone files for divorce. In that case, permanent alimony would only be justified in exceptional circumstances.

You don't mention whether or not you are using an attorney (or at least it is not showing on my page) and I would strongly suggest you consider at least visiting with a local lawyer since there are so many different issues which may be disputed in your case. A lawyer could easily justify the expense in the amount saved in alimony particularly if your ex does not have a lawyer.

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Thank you very much for allowing me to assist you. While the answers I give can't always be "good news", since the law can't always be favorable to everyone, I do strive to be as accurate as possible and to answer any follow up questions to the best of my ability.

You may receive a survey of some kind in the next day or so regarding your experience here at JustAnswer. Please be advised that I am responsible for the content of my answers but not with the issues of website performance or anything other than the answer. I hope that you will consider issuing a Positive Rating regarding my service to you so that I can continue helping others.

If I can ever provide assistance to you in the future please feel free to ask for me by starting your new question with "FOR DWAYNE B ONLY" and I will pick up as soon as I see the question.

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JD 1992
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Experience: Began practicing Family Law in 1992

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