Full question:
My ex husband agreed in our 25 year old divorce agreement : 'the husband shall maintain insurance on his life . In the event that his daughter should survive the husband and should she receive less than $25000 from the proceeds of insurance in the husband's life , the difference shall be first charge on the husband's estate. And the same is written for me even though he's remarried.My ? is does this hold true and if so how would I go about securing the funds? Please let me know asap if you need more info such as 'What if he has no insurance policy?'
- Category: Divorce
- Subcategory: Property Settlements
- Date:
- State: New York
Answer:
The answer may depend on whether the court retained jurisdiction over your divorce settlement agreement. The court would be available to enforce and/or interpret the agreement.
The agreement which became a court order may contain language about what would happen if your ex-spouse remarried. Sometimes that event triggers a change in the terms of the agreement. If the language is not clear, you may need to petition the court for clarification and or modification.
If the language is clear, it may be possible to petition the court to hold your ex-spouse in contempt for failure to follow the agreement. In some cases, failure to maintain life insurance can be adjudged as willful contempt.
The following in a section of the New York statutes dealing with contempt proceedings:
§ 245. Enforcement by contempt proceedings of judgment or order in
action for divorce, separation or annulment. Where a spouse, in an
action for divorce, separation, annulment or declaration of nullity of a
void marriage, or for the enforcement in this state of a judgment for
divorce, separation, annulment or declaration of nullity of a void
marriage rendered in another state, makes default in paying any sum of
money as required by the judgment or order directing the payment
thereof, and it appears presumptively, to the satisfaction of the court,
that payment cannot be enforced pursuant to section two hundred
forty-three or two hundred forty-four of this chapter or section
fifty-two hundred forty-one or fifty-two hundred forty-two of the civil
practice law and rules, the aggrieved spouse may make application
pursuant to the provisions of section seven hundred fifty-six of the
judiciary law to punish the defaulting spouse for contempt, and where
the judgment or order directs the payment to be made in installments, or
at stated intervals, failure to make such single payment or installment
may be punished as therein provided, and such punishment, either by fine
or commitment, shall not be a bar to a subsequent proceeding to punish
the defaulting spouse as for a contempt for failure to pay subsequent
installments, but for such purpose such spouse may be proceeded against
under the said order in the same manner and with the same effect as
though such installment payment was directed to be paid by a separate
and distinct order, and the provisions of the civil rights law are
hereby superseded so far as they are in conflict therewith. Such
application may also be made without any previous sequestration or
direction to give security where the court is satisfied that they would
be ineffectual. No demand of any kind upon the defaulting spouse shall
be necessary in order that he or she be proceeded against and punished
for failure to make any such payment or to pay any such installment;
personal service upon the defaulting spouse of an uncertified copy of
the judgment or order under which the default has occurred shall be
sufficient.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
