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  1. #1
    Join Date
    Feb 2010

    Default Ex is Supposed to Have Life Insurance but Doesn't

    My question involves collection proceedings in the State of: Kansas

    My divorce decree states that I am to have $200,000 in term life insurance with my ex as a sole beneficiary. This was obviously done to provide for my kids if something happened to me. Those same terms apply to my ex. However, while I have that policy in place I suspect my ex does not nor has she during the 7 years since we divorced. About 2 years ago I asked her about it and she said she had a policy but that the beneficiary was her father. I asked again last year and she said that she did have a policy with me on it but that it was for $75,000.

    Do I have to go to court just to find out if she has a policy and how much it is for? If I suspect she doesn't have the policy, can I just file in small claims court so she would then have to prove to a judge that she has it? If she doesn't I wouldn't be looking for cash from her but rather that the judge order her to conform to the conditions of the divorce decree.

    Also, while we were married and divorced in Missouri we both reside in Kansas.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Ex is Supposed to Have Life Insurance but Doesn't

    "I suspect" doesn't mean that she in fact does not have insurance. Try asking her again, and seeing if she's raised the value of the policy to the required amount.

    If she won't voluntarily obtain the required insurance, yes, you would go back to the divorce court and ask the court to issue an order requiring her to abide by the terms of the judgment (or be held in contempt). A small claims court doesn't have jurisdiction.

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