Divorce Decree and Life Insurance Beneficiary

[michigan1981]

My father recently died. When he and my mother divorced, the divorce decree ordered him to name me as a beneficiary on all of his life insurance policies.

After looking into his estate, I found that he named his sister the beneficiary. I found that he changed the beneficiary cards when I was a minor child. I am now 21. Based on this fact, I want to make the argument that the sister has no claim to the benefits because the tenets of the divorce decree were violated. This event occurred in Michigan.

Any thoughts?

[Mr. Knowitall]

Normally such a provision relates only to security for child support. Even if the judgment was breached during your minority, if there is no restriction past the age at which the child support order expires you would have a difficult time establishing that the breach caused you harm.

Whether or not your mother could enforce the provision depends upon the exact terms of the divorce judgment. You may have some ability to try to make a claim as an intended third party beneficiary, but again it's going to depend upon what the divorce judgment actually says, and realistically speaking you will need a lawyer.

[Betty3]

You can contest the payment of the life ins. proceeds to his sister but you may not prevail particularly since you are now past the age of majority.

As Mr. Knowitall indicated, the divorce decree will need to be reviewed by a lawyer to determine if you might be entitled to the proceeds/any of the proceeds.

[lwpat]

I agree. It all depends on whether the life insurance was to cover CS in case he died before you were emancipated. You need to review the exact wording of the court order. Normally a court order takes precedence and the change would be void. You need to immediately notify the insurance company before they make the payout.