Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I was divorced in November 2015. In the divorce Decree,

I was divorced in...

I was divorced in November 2015. In the divorce Decree, I am Named equal beneficiary along with our two adult children in my ex-spouse life insurance policy. He never completed a beneficiary form at his employer. He has since passed away (our children were 21 and 25 at time of divorce) already emancipated.

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

The exact phrasing is I (ex spouse name here) NAME (my name, daughter name, son name) as a beneficiary on a life insurance plan with a death benefit in the amount of (amount entered here) which shall be maintained until the last child is emacipated. (there are two options after he entered his name, the first is NAME the second is MAINTAIN, he checked NAME). I am in massachusetts. the insurance company will not pay the benefit out UNTIL we all agree on hos this should be paid out, or we go to court. I am not asking for equal payment, I am looking only for a small portion, but if this were to go to court, what might the probable outcome be?

Lawyer's Assistant: Has anything been filed or reported?

As in? has the company been notified of a claim upon death of my former spouse? Yes the three of us all received letters to write and sign a document outlining how to split the policy and if this isnt done, the claim would go to the courts

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

Married for 23 years, I left the family home due to his alcoholism and abuse. the children were adults at time of divorce.

Show More
Show Less
Ask Your Own Family Law Question
Answered in 1 minute by:
10/13/2017
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 32,801
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
Verified

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Ask Your Own Family Law Question

Good afternoon. Have you spoken with your children about this? I ask because are they willing to cooperate and submit what is needed to the insurance company, so this can be paid?

Ask Your Own Family Law Question
Customer reply replied 10 months ago
I have, they don't agree. they want all the benefit. The have received 100% of 401K

Thank you for the reply. The divorce decree has legal effect. By that, I mean if it was ordered that all three of you would take an equal share, that is what you would be entitled to, if the court gets involved. If you are not asking for 1/3 and only want a smaller amount, it would not make sense for them to object to this and have an issue with it, if it would result with them taking more. For them to share it 50-50 and prevent you from taking any, there would need to be a legal basis to support it and if you have a decree that says you are entitled to a 1/3, that is what you can ask for and what the Judge is likely to order. I know they may be upset and made that you take anything from this but if it was part of the decree and something which you ex never did, his passing would not excuse or take away what you are entitled to.

Ask Your Own Family Law Question
Customer reply replied 10 months ago
in the Decree there were two options he could have checked off one is "Name" as beneficiary, the other is "Maintain" as beneficiary. He chose the option "Name". I am really bothered by the last line in the decree on that line for life insurance that reads: "Which shall be maintained until the last child is emancipated" Like I had mentioned, both children were over 21 years old. And the option he chose was "Name" as beneficiary, so does that make the last line null and void? The exact wording: I, spouse name, shall NAME (My name, daughter and son) as beneficiary on a life insurance plan with a death benefit in the amount of 2X annual salary which shall be maintained until the last child is emancipated.

It would be something that he was ordered to do. He was supposed to name you and the two children. If he failed to do so, he would have been in breach of the court order/ decree and action needed to be taken. He had an obligation to maintain it, until the last child was emancipated but if he kept it after, there is no issue with it and you should have been named.

Ask Your Own Family Law Question

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Ask Your Own Family Law Question
Customer reply replied 10 months ago
if nothing was changed and a death benefit beneficiary form was never completed at his place of employment and both our children were of emancipation age at time of divorce, the court should(?) honor the decree? Even without a "Qualified Domestic Relations Order"?

They should if this was court ordered. You shared that the Judge ordered this be shared three ways, so you can ask the Judge to enforce that and award you your share. The age of emancipation is what would end his obligation but if it was still in effect at the time of his passing and he continued the policy, you can argue you are entitled to a share.

Ask Your Own Family Law Question

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 32,801
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
Verified
FamilyAnswer and 87 other Family Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask FamilyAnswer Your Own Question
FamilyAnswer
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 32,801
32,801 Satisfied Customers
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases

FamilyAnswer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
Is my wife entitled to life insurance on me if we are
Is my wife entitled to life insurance on me if we are divorced … read more
Jessica B
Jessica B
Juris Doctor
1,658 satisfied customers
My elderly Aunt was divorced in November of 2016. Her ex
My elderly Aunt was divorced in November of 2016. Her ex husband passed away in April. He had a life insurance policy that listed her as beneficiary. It was never brought up in the divorce and he neve… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
3,019 satisfied customers
I have postnuptial agreement. One of agreement is that" life
I have postnuptial agreement. One of agreement is that " life insurance- additional to the following, husband hereby agrees to maintain wife as the irrevocable primary beneficiary for 100% of the bene… read more
LegalGems
LegalGems
Juris Doctorate
12,735 satisfied customers
Does NC disqualify an ex-spouse who was named on an
Does NC disqualify an ex-spouse who was named on an insurance policy as beneficiary because of divorce?… read more
ScottyMacEsq
ScottyMacEsq
Lawyer
Doctoral Degree
2,828 satisfied customers
I have a follow-up to an earlier question. My father died last
I have a follow-up to an earlier question. My father died last week and I am trying to handle his life insurance policy. He bought it in the 1960's. At the time my mother was the beneficiary and my gr… read more
Seattle Scott
Seattle Scott
Private practice attorney
995 satisfied customers
In my original divorce decree I was required to maintain a
In my original divorce decree I was required to maintain a life Insurance policy for $200.000 naming my two children as the Beneficiaries. It was a 20 year term policy which has matured. In the separa… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Hi, I am divorced with two small children. Our custody agreement
Hi, I am divorced with two small children. Our custody agreement requires each of us to maintain a life insurance policy for the benefit of the children. Specifically, it says "[Husband/Wife] agrees t… read more
LegalGems
LegalGems
Juris Doctorate
12,735 satisfied customers
In the state of VA...can a judge mandate, post divorce decree,
In the state of VA...can a judge mandate, post divorce decree, that the ex spouse provide life insurance to cover permanent alimony?… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I live in the state of Minnesota. My ex-husband died recently.
I live in the state of Minnesota. My ex-husband died recently. I am the beneficiary on his life insurance policy. We divorced a little over 2 years ago after being married for 38 years. I changed my n… read more
Robert
Robert
Attorney
Doctoral Degree
909 satisfied customers
My husband worked for ADT (Tyco) in Washington State at the
My husband worked for ADT (Tyco) in Washington State at the time of his death 5/14/2011 in a car accident. His ex-spouse received the life insurance proceeds from his insurance policy through TYCO. Hi… read more
Lady Themis
Lady Themis
Attorney
Doctoral Degree
65 satisfied customers
Sister was named beneficiary of ex husbands life insurance
Sister was named beneficiary of ex husband's life insurance policy. The company keeps coming up with reasons NOT to pay and is now saying that Oklahoma has a beneficiary statute about life insurance a… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
My question is regarding a life insurance beneficiary dispute.
My question is regarding a life insurance beneficiary dispute. The original policy was purchased by my wife's sister in 1998 naming her husband as the beneficiary. In November of 2009 the sister divor… read more
FraudExaminerNate
FraudExaminerNate
Managing Member
Juris Doctor
286 satisfied customers
I am named as my ex-husbands beneficiary in his life insurance
I am named as my ex-husband's beneficiary in his life insurance policy. He died recently and now the insurance company is telling me that even though the divorce decree ordered me to pay all life insu… read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers
My ex husband passed away about 3 weeks ago. He died owing
My ex husband passed away about 3 weeks ago. He died owing me over $21,000 in back child support. I had been collecting social security disablity from him since this past October for my children. He h… read more
Lawyer Lori
Lawyer Lori
Attorney
JD - Attorney
187 satisfied customers
When my husband and I divorced, it stated in our divorce decree
When my husband and I divorced, it stated in our divorce decree that he must maintain a certain amount of life insurance naming me as beneficiary. This was done in order to provide for our special nee… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
In georgia is an ex- spouse named as the beneficery eligible
In georgia is an ex- spouse named as the beneficery eligible for death benefits from a life insurance policy?… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
My former husand recently died. We were married in 1989.
My former husand recently died. We were married in 1989. I own and am the beneficiary of a life insurance policy I bought while we were married in 1998. We divorced in 2001 and I continued to own the … read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
What is the law in Utah regarding beneficiaries on life insurance
What is the law in Utah regarding beneficiaries on life insurance policies in divorce cases. My soon to be x-sil is owner of a policy on my daughter. When their divorce is final will he still be able … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x