My husband and I have been living seperate and apart in North Carolina for almost 2 years. We have no separation agreement. He currently has stage 4 cancer. He has removed myself as a beneficiary over a year ago. I want to make a wise decision about divorcing this man. I dont want to kick him while he is down (going through chemo) but i also do not want to be left with his debt and no life insurance rights.
Most states do not provide any rights to the surviving spouse in life insurance proceeds. The beneficiary is determined on a contractual basis by the owner of the policy, who selects the beneficiary. In a divorce, the court will try to ensure that the supported spouse has some income from the supporting spouse (presumably your husband here). So the court could order your husband to name you as the beneficiary if you would otherwise be left without sufficient support. To protect yourself, you need to get over the idea of unfair treatment of your husband and proceed with the divorce to be able to support yourself following his imminent demise. After all he treated you unfairly in taking you off the policy as beneficiary. Find a good divorce lawyer ASAP.
DISCLAIMERâ€”This answer is for informational purposes only under the AVVO system, its terms and conditions. It is not intended as specific legal advice regarding your question. The answer could be different if all the facts were known. This answer does not establish an attorney client relationship. I am admitted only in California. (Bryant) Keith Martin sbbizlaw.com
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