My ex husband and I were divorced in 2001 and I gave up any rights to his pension or Alimony because I was being harassed by his girlfriend and just didn't want anything to do with that whole mess anymore. The problem that I have is that my ex-husband did not mention his life insurance as an asset nor did he mention his military benefits (BAH, BAS, COLA, Special Pay, etc) as part of his income. Courts don't really know about these benefits so they over look them. I knew nothing about military pay, so I was ignorant to those benefits as well. I didn't care for his money but he did promise me that he would keep our kids as beneficiaries of his life insurance in the event of his death, though it was only a verbal agreement. Well, my ex husband passed away last month & I just found out that he removed our kids from his life insurance policy. Do I have a right to dispute who his life insurance is paid to? Can the divorce decree be modified to include the life insurance? Thanks in advance!
2007-06-18 07:58:48 · 3 answers · asked by skar 1 in Family & Relationships ➔ Marriage & Divorce
Please if you're going to be rude, keep your opinions to yourself. I am not a greedy "like some people" and don't want anything for myself. This is just something that I feel my kids deserve. Thank you.
2007-06-18 10:47:38 · update #1
It wouldn't be an ammendment to the divorce decree. It would be contesting the estate for the children's sake. Hire a lawyer and go through everything with him. His children, if they are under age, should have a right to their father's life insurance, especially if he hadn't remarried since your divorce. You have a good shot at winning a settlement.
2007-06-18 08:04:59 · answer #1 · answered by foodieNY 7 · 1⤊ 0⤋
You have a real problem. If the life insurance was not in the original decree, you likely will not be able to go back and change it now that he is dead. The military stuff is complicated however, and I have seen a few cases where they have awarded back benefits but in very different circumstances from this.. It may be worth talking to a lawyer who really really knows this stuff. You can usually find one in a town with a base, look for someone who used to be a military lawyer.
2007-06-18 11:57:07 · answer #2 · answered by buffsblg 2 · 0⤊ 0⤋
No, this is not going to happen, the divorce is done you should have talk to your lawyer before you signed the papers. Bottom line it's over with and you do not have a leg to stand on. After 30 years I'm getting a divorce, I get 1/2 pension and 1/2 savings, you could have taken this money when your time comes to collect it and have a really nice nest egg.
2007-06-18 10:39:58 · answer #3 · answered by kim t 7 · 0⤊ 0⤋