I have been paying half on a whole life insurance policy with a side fund for 15 years. The divorce decree states that at the first available date that the cash can be taken out, then husband is to take out and give half to ex spouse. I am the beneficiary, he is the owner. He never communicated the first available date, but he turned 65 this year and I remember that the policy is paid by this age. He now says that he is not giving me anything because it would be a lone against the policy and he is not willing to do that. I do not know what my rights are. The divorce decree was written and agreed upon as if the cash could be taken out. He is acting like I have no choice.
Nothing short of a consultation with an experienced family law attorney in your area will meet your needs. The Avvo attorneys, as excellent as they are, can't give more than general information, such as "all parties are expected to comply with a court order, which is enforced through the court's contempt powers" but what you really need will involved a careful review of the decree and the policy.
Best wishes for a favorable result, and please remember to designate a best answer.
This answer is offered as a public service for general information only and may not be relied upon as legal advice.
Was the dissolution in Maricopa County? You should consult a Family Law attorney to discuss this, and any other post decree issues. It will help if you have a copy of the decree of dissolution with you.
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