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  1. #1
    Join Date
    Aug 2017
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    5

    Default What to Do if a Life Insurance Policy is Omitted from the Divorce Judgment

    My question involves a marriage in the state of: California.

    Divorce is finalized with decree. Attorney for her party was notified verbally and via email that his life insurance policy ($1M) was to be included as an asset and that she be retained as beneficiary. Her attorney did not request it. Apparently an error of omission.

    What recourse does she have to recover the benefit value of the policy considering divorce is finalized? Can her attorney file another motion/amendment to the divorce? Is it worth it to pursue the attorney for negligence?

  2. #2
    Join Date
    Sep 2005
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    Default Re: What to Do if a Life Insurance Policy is Omitted from the Divorce Judgment

    We appear to be talking about a negotiated settlement, now entered as a final judgment, where one of the parties is stating that she wanted an asset that was awarded entirely to the other party to have been instead divided equally (or for her to be the sole and unchangeable beneficiary). To try to reopen a negotiation over a final settlement, based upon an alleged error in the division of assets that was apparently never even discussed with the other spouse, is not a venture that seems likely to succeed -- she will have to discuss the case in detail with a lawyer who has access to all of the records.

    If she wants to see if she has a basis to pursue her divorce lawyer for legal malpractice, that is something that will need to be evaluated by a malpractice lawyer who has the opportunity to fully review the case and settlement. Often the demand for the division of an additional asset, that will otherwise go to the other party, will simply cause the rest of the pot to be divided in a different manner -- that is, sometimes it all comes out in the wash, and it's impossible to assess whether harm resulted from the error without full information about the property settlement.

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