I was to be the beneficiary. (I relinquished another policy.) I asked him if he still had the policy & he casually said, no he didn't. I asked him what was he offering to replace those funds? He said he was offering nothing. I always thought it would be difficult to know what he was doing, paying or not, & who was named as beneficiary. I suspect he still has the policy but named a new beneficiary. How can the court control what he does? I would appreciate some opinions (other than contacting an attorney).
I am fully cognizant that I will need to consult with an attorney. I was looking for preliminary information. I included that disclaimer because many answers only advise that I seek cancel. My former attorney is no longer practicing family law so I need to search one out.
Family Law Attorney
The court can control what he does by holding him in contempt. The life insurance policy is usually to ensure that if you receive alimony, you are taken care of in the event of his premature death; or if he pays child support, the child(ren) are taken care of should he die before they reach the age of majority, or maybe both. The problem with these little Q&A's is there is too much missing from the equation, which is why you cannot avoid consulting with an attorney. Besides petitioning to have him held in contempt, it is possible should he die and there is no policy available because he did not maintain it in accordance with your marital settlement agreement (which is a contract), you could pursue a claim against his estate for the amount of what should have been paid out through the policy he cancelled. But this is expensive (attorney fee's) and more difficult then taking him to court now, and there is no guarantee that his estate will be worth enough to pay out a judgment, should you get one, if he dies. Too often folks have big problems, but want small solutions (that don't involve "contacting an attorney"). Sometimes it's just unavoidable. Would you perform surgery on yourself? There is too much at stake. The only competent opinion I can offer: Contact an attorney of your choice.
NOTICE OF DISCLAIMER: The information provided is not meant to be interpreted as providing legal advice or counseling and it should not be used as such, nor is it intended to create an attorney-client relationship. The circumstances involved in your case are unique and may involve many complex and intricate legal issues. You are advised to seek consultation with an attorney of your choice for a complete assessment of your particular situation.
You need to contact the attorney who did your divorce to see how to resolve this.
Insurance Law Lawyer
Even though you are looking for advice "other than contacting an attorney," Mr. Pittman's statement is correct. You need to talk to the attorney who handled the divorce for you to ascertain the correct remedy, which is likely to take your ex back to court to enforce the provision and, if possible, require continuing proof that the policy remains in effect with you as beneficiary for the requisite period. Handling such litigation matters without an attorney is generally indavisable. Good luck to you.
The foregoing is general information based upon limited information, should not be construed as legal advice , and does not create an attorney-client relationship. The author is licensed in Indiana and Ohio attorney only.
You probably should send him a certified letter demanding proof of the policy and the coverage. If you do not get it then file for relief with the court. If you do not want to involve a lawyer you will have to represent yourself.
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I hate to say this, but you need to have the divorce terms enforced if they are not being followed. A court has the power to do this but you "need an attorney" to get it done.
This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/
Divorce / Separation Lawyer
Typically this kind of provision is a 'backup' for payment of child support should anything happen to him before children age out. You don't say if you have children. If your agreement specifies that he has to maintain it, for whatever reason, then you can take him to court to enforce the agreement. it is generally better to hire an attorney to do this.
The statements made herein are informational and should not be considered as creating an attorney/client relationship. Elizabeth A. Hill is an independent attorney located in Lexington Kentucky. It is strongly recommended to not give any confidential information on any website. Kentucky does not certify specialties in in the practice of law.