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  1. #1

    Default Life Insurance Payout Just Before Divorce

    My question involves a relationship in the state of: Missouri

    I am scheduled to appear in court for divorce hearing (conference?) in three weeks and am set to receive life insurance benefit payout from my father's death. My soon to be ex is unaware of the payout as we (my siblings and I) had to sue the life insurance company to get the benefits, but the suit never had to go to court. Does she have a right to this money?

  2. #2
    Join Date
    Oct 2006
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    16,474

    Default Re: Life Insurance Payout Just Before Divorce

    Quote Quoting divorce soon
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    My question involves a relationship in the state of: Missouri

    I am scheduled to appear in court for divorce hearing (conference?) in three weeks and am set to receive life insurance benefit payout from my father's death. My soon to be ex is unaware of the payout as we (my siblings and I) had to sue the life insurance company to get the benefits, but the suit never had to go to court. Does she have a right to this money?
    No, she does not. Its an inheritance and therefore separate property.

  3. #3

    Default Re: Life Insurance Payout Just Before Divorce

    Thank you!!

  4. #4
    Join Date
    Jan 2006
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    38,867

    Default Re: Life Insurance Payout Just Before Divorce

    I. MARITAL PROPERTY*


    * Marital Property means all property acquired by either spouse subsequent to the marriage except;


    1. Property acquired by gift, bequest, devise, or descent;

    2. Property acquired in exchange for property acquired prior to the marriage or in exchange for property acquired by
    gift, bequest, devise, or descent;

    3. Property acquired by a spouse after a decree of legal separation;


    4. Property excluded by valid written agreement of the parties; and

    5. The increase in value of property acquired prior to the marriage or pursuant to subdivisions (1) to (4) above, unless
    marital assets, including labor, have contributed to such increases and then only to the extent of such contributions.
    http://www.courts.mo.gov/file.jsp?id=34368



    that appears to be the proper form to be used in a divorce to list assets and debts of the parties to a divorce.

    here is a case that actually deals with this exact issue. It involves more as the money was then used by the beneficiary to invest and proving the source of the funds became an additional issue but, to the basic issue of the funds themselves derived as you are appears to be clear; they are your separate property.

    http://www.leagle.com/decision/19821254643SW2d611_11195


    If you read that, you will find that the courts do have an (unsettled) issue with determining whether the proceeds are gained by bequest or descent but determined that one of them applies and as such, the money remains separate property.

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