Canceling Policy During Divorce

[Robert Barney]

Just found out that my spouse canceled his term life insurance even though he was under standing court orders not to do so.

What a prick.

It's called contempt of court and evidence of malice. I think you are in an excellent position to increase any judgement you get against him.

As to the insurance company taking him back as a insured - may not happen. If you are still in the "grace period" (less than 30 days since he last paid an overdue premium) you might get a court to order the company to give you ownership of the policy and require them to let you reinstate it, but you will need to act quickly. Let us know what your lawyer says and how it turns out.

 

[goillini52]

But would the life insurance pay for execution? I think not.

Depends. In most states, execution is covered after 2 years.

How long has he had the policy?

 

[sparklyu]

Depends. In most states, execution is covered after 2 years.

How long has he had the policy?

Seven or eight years? There abouts. Through Prudential.

 

[goillini52]

Seven or eight years? There abouts. Through Prudential.

Then there shouldn't be a problem. Better hurry up and have the douche bag executed while the policy's still in force.

 

[Robert Barney]

Then there shouldn't be a problem. Better hurry up and have the douche bag executed while the policy's still in force.

Right after you get the ownership, change the beneficiary and make sure that the premiums are not past due. You could probably cut the Muslim nation in for a percentage of the death benefit, providing they are not embargoed by U.S. laws. I'm pretty sure it's not murder if the government puts him down.

 

[sparklyu]

Then there shouldn't be a problem. Better hurry up and have the douche bag executed while the policy's still in force.

Sadly, I'm a softy. All I wanted was a normal divorce. State guidelines for child support, spousal support. Shared custody 50/50...alternating weeks. Was willing to move to be closer to him, as long as he kept the job for at least one year first (we've moved a lot in our marriage.) Half of savings. No more. Ensuring kids remained beneficiaries on the policy.

 

[goillini52]

Sadly, I'm a softy. All I wanted was a normal divorce. State guidelines for child support, spousal support. Shared custody 50/50...alternating weeks. Was willing to move to be closer to him, as long as he kept the job for at least one year first (we've moved a lot in our marriage.) Half of savings. No more. Ensuring kids remained beneficiaries on the policy.

A normal divorce? What the heck is a "normal divorce"?

 

[Allen Trent]

Have the lawyer draft a document to the insurance company asking that no changes or owner initiated cancellation be permitted while this is being figured out in court. Not sure if that will work, but worth a shot.

Lastly, keep any records of your attorney admitting to mistakes in the divorce documents. You may have a case against him for malpractice for that mistake

 

[Robert Barney]

Have the lawyer draft a document to the insurance company asking that no changes or owner initiated cancellation be permitted while this is being figured out in court. Not sure if that will work, but worth a shot.

Lastly, keep any records of your attorney admitting to mistakes in the divorce documents. You may have a case against him for malpractice for that mistake

I think if the court ordered him to preserve the policy, and he breached the court order, she should be able to expeditiously get the court to order that she be given ownership of the policy, and then she can keep it in force until the court orders a final disposition of the case.

 

[Allen Trent]

Also, find out if Prudential even permits cancellation. Some carriers do not permit a cancellation on term life becuase there is no cash value involved to be surrendered. Allowing term life to run its course & lapse for non-payment is in the best interest of the consumer as it goes through the legally required grace period for late payment & then some carriers even permit another 30 day late payment offer after the grace period. The extended late payment merely means there is no coverage if the person dies during that time, but if payment is made the policy would resume providing coverage without having the policy be medically underwritten like will happen if the policy fully lapses out after the grace period and late payment offer.