It is fairly common that during a marriage, you will name your spouse as a beneficiary to your life insurance policy, mutual funds, retirement accounts, trust and other similar assets. When you get divorced, your divorce agreement should explicitly state that you revoke that designation — with one very large exception. If there are children involved, the divorce agreement can state that the children are the beneficiary and that your ex-spouse is just a trustee or guardian of the assets.
However, even if the divorce agreement does not explicitly revoke your ex-spouse as a beneficiary, New York State law provides that a divorce automatically revokes such designations. There is an exception to the law, namely if the insurance policy, retirement account or trust expressly states that a divorce does not revoke a beneficiary designation, then in that case, it would not be expressly revoked.
If you have questions about your divorce or you are seeking to get a divorce, contact David Badanes, Esq. and the Badanes Law Office, P.C. David Badanes and the Badanes Law Office, P.C. If you live in Suffolk County or Nassau County, contact David Badanes and the Badanes Law Office, P.C. today at 631-239-1702, email at firstname.lastname@example.org or visit our web site: www.dbnylaw.com.
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In most divorce agreements, your ex-spouse may have to maintain a certain amount of life insurance. The purpose of life insurance is to provide money for child support or spousal maintenance (alimony) in case the ex-spouse dies. However, what should you do if your ex-spouse doesn’t maintain his/her life insurance policy?
First, you have to make sure that your ex is required to maintain life insurance as part of the divorce. In order for you to obligate your ex-spouse to maintain life insurance, the divorce agreement and/or the Judgment of Divorce must explicitly state: (1) that your ex-spouse has to maintain life insurance; (2) the amount of the life insurance benefit; (3) who the beneficiaries of the life insurance are: and (4) the remedy if your ex-spouse does not maintain life insurance.
Second, once it is clear that your ex-spouse has to maintain life insurance, you most likely will need to notify your ex-spouse that they are in violation (breach) of the divorce agreement and that they are to obtain a life insurance plan. Your notification letter should be very specific as to what your ex-spouse has to do. You may want to hire an attorney to write the notification letter.
Third, if, after sending your notification letter, your ex-spouse still fails to obtain life insurance, then, you may need to file a Motion with the Court, so that the Court can force your ex-spouse to obtain life insurance. The Court will determine if your ex-spouse is in violation of the divorce agreement and can force your ex-spouse to obtain life insurance or declare your ex-spouse in contempt of the divorce agreement (which may have more serious consequences, including incarceration).
David Badanes, Esq. and the Badanes Law Office, P.C. has helped numerous individuals with their divorces and in making sure that the ex-spouse is required to maintain a life insurance policy. Visit us on Facebook to get important legal news, tips, and articles: www.facebook.com/BadanesLawOffice.