Enforcing a Property Settlement Agreement
My question involves a marriage in the state of:connecticut
I have been divorced for 15 years, at the time of our divorce our property settlement agreement stated my ex-husband had to provide life insurance in the amount of 100,000. He has never done this, can I go back to court at this time to make him do it? I was told by someone that a property settlement agreement is a contract and it is past the statute of limitations. Any input would be appreciated.
Re: Enforcing a Property Settlement Agreement
Life insurance requirements are ordinarily included to secure a support obligation, such as child support or spousal support. Was that the purpose of this provision, and if so is the support obligation ongoing?
What is the exact language of the provision requiring him to obtain and maintain life insurance?
Re: Enforcing a Property Settlement Agreement
Husband shall maintain 100,00 life insurance to remain in place until all three children are emancipated. 1 is being emanciapated now, one next year and the last the following year. Is this something I can go back to get, even though I haven't done anything for 15 years with it, never went to try to make him get it for me.
Re: Enforcing a Property Settlement Agreement
There is nothing for you to get. You would have gotten no monetary gain from this, unless he were to pass away. They cannot go back and retroactively cover him, nor can they retroactively charge him premiums. The fact you have not bothered with it until now is not going to do you a whole lot of good now. The most you can hope for is for the court to order him to get the insurance, and if he doesn't, hold him in contempt. Given the time frame for your kids emancipation and your lack of action on this in the past, that may not even happen. This will not benefit you at all unless he dies.
If he were to die prior to your children's emancipation and you had just taken him to court to force him to get insurance, and his death was a result of anything but clear natural causes, you could expect investigators to make your life hell. I'm not saying you have any ill intent, just that it would look extremely suspicious.