a friend of mine is going through a really tough divorce. and his soon to be ex wife has a really good lawyer, (he cant afford one) the stipulations say that as part of the divorce he has to get a $250,000 life ins policy and her be made the sole benificiary. can they do that???
he's more concerned b/c what about his mom and daughter (from another relationship) and the lawyer says he'd just have to get another policy for them seperately. i didnt think they could do that, but im not sure. why should an ex be the benificiary? and what if he wants to get re married?
i feel bad for him, she already took his car (because her's died) and at the pre hearing the judge allowed her to have his. he cant even get back and fourth to work. the poor guy has nothing else to give....
any advise as to what can be done?
2007-12-09 04:51:30 · 8 answers · asked by jessi jane 2 in Family & Relationships ➔ Marriage & Divorce
Just because he doesn't have a lawyer doesn't mean he has has to agree to everything. This is probably an attempt from her side (lawyer) to ensure that the money will continue later after you die.
Just say no. And if she says no to the divorce because if it...don't give in. If she wants the divorce bad enough, then she'll go on with it. It might be worth it for him to spend the money for an hour to talk with a divorce lawyer. And remember, if she had worked and made money or even more money tham him, don't give in to alimony payments. They all ask for it hoping for continued cash income. No matter how much her lawyer threatens to go to court if he doensn't agree...don't sign if he doesn't agree with it. They're getting a divorce...so complete the separation of property and go on.
2007-12-09 05:08:06 · answer #1 · answered by stonehands 3 · 1⤊ 0⤋
It is very common that in the case of a child or children between two people who are not married whether divorced, or never married, that each are to have a life insurance policy of the same value naming the other as the beneficiary for the child or children. So make sure that she has the same requirement as he does. My husband and his ex were required to do the same.
2007-12-09 05:45:41 · answer #2 · answered by oh_my_its_linda 4 · 0⤊ 0⤋
I don't know the law but he really needs to get a lawyer because this just doesn't sound right. I do know that in some states the spouse with the most money can be made to pay for the other spouse's lawyer so that they each have fair representation. I hope he's able to find someone who can help him.
2007-12-09 05:07:54 · answer #3 · answered by fungirl 3 · 1⤊ 0⤋
Depends where your friend lives, generally an x can be the primary beneficiary of a life insurance policy, he could argue he had rather his estate be the beneficiary or a disinterested person who would apply the benefits for the care of your friend's child, which is the reason for the life insurance, also make sure your friend gets a term life policy
2007-12-09 04:57:56 · answer #4 · answered by Bud1960 1 · 0⤊ 0⤋
I don't think that's even legal.
What lawyers state is an opinion and a wish list. If he signs the line, then the wish list can be granted.
Lawyers are nothing more then a legal version of the mafia, but, I feel that lawyers are worse. They use your misfortunes, pain and anguish to fill their greedy pockets with money, and lots of it.
If I were him, I would not sign the papers and contest what that lawyer is asking for. I don't think a judge would even allow that, but now days, who knows.
just my 2 cents
2007-12-09 05:03:03 · answer #5 · answered by Anonymous · 2⤊ 0⤋
They can do that if he's stupid enough to agree to that , he don't have to grant her a devorce , let her stay conected ,, the ship can sink slowly and she'll be hanging on to a deck chair when the sharks start circling , life insurance is some serious stuff , I wouldn't want my ex conected only by the way I die and how much money she'll be getting ,, temtation will get you dead only One time , and oops just doesn't change that , and some people are just too dumb to let the jail sentence worry them ..... Once is life,,,once
2007-12-09 05:25:54 · answer #6 · answered by darkcloud 6 · 0⤊ 0⤋
i'm going through a divorce and life insurance is one of the entanglements that we have to untangle. as far as i am aware (thus far) is that my soon to be ex will be making our kids the beneficiary, but by default i am the beneficiary until the kids are no longer minors.
if anything, legally the beneficiary should be his child, and he could make anyone, such as his mom or the child's mother the beneficiary on behalf of a minor child. if his soon to be ex does not have children with him, she ought to not have anything to do with it.
word of caution.....get a lawyer or some representation for him immediately. soon to be ex's usually want to beneficiaries of insurances because they have something up their sleeves. like "accidental" deaths.
2007-12-09 05:35:41 · answer #7 · answered by celticbuddha 7 · 0⤊ 0⤋
She's no longer without delay bumped off, somewhat of pop isn't remarried. while you're contingent beneficiary, there is no way you will get the money, except she's lifeless. despite in case you WIN that combat conserving her from getting the money - and you probable won't - the money will bypass to his property, to repay all his money owed, and then get disbursed in accordance to his will - which o.k. would additionally be to her.
2016-10-10 22:07:26 · answer #8 · answered by misconis 3 · 0⤊ 0⤋