Family law

While a dissolution is pending, the standard financial restraining orders would prevent either spouse from terminating or changing the beneficiary of a life insurance policy without the consent of the other spouse or the court's approval.

If a "whole life" policy was paid for during the marriage with community assets, it was community property. The asset should have been disclosed in your former spouse's financial and property declarations, and its disposition should be part of the settlement.

If a "term life" policy was paid for during the marriage with community assets, it could potentially be community property.

If a spouse was required by the terms of the agreement to either maintain or obtain a policy and name the other spouse (or the children, or both) as the beneficiary, termination of the policy or a change in the beneficiaries may be a violation of the settlement agreement.

If any of these situations apply, consult your family law attorney or another experienced domestic relations lawyer for advice regarding your remedies.

Marital Settlement Agreements sometimes contain life insurance provisions where there are issues where child support may not be paid or available at a later time, or when a spouse will not be eligible to receive social securit benefits (i.e when the employee spouse worked for the city and did not pay in to social security). However, no such provisions are required and a mandatory settlement agreement will only recite the agreement of the parties.

Law Offices of Stella Espinoza Browne