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 enforceability of your ex-husband's agreement depends on whether the court retained jurisdiction over your divorce settlement. If so, the court can help enforce or interpret the agreement. The terms may change if your ex-spouse remarried, depending on the specific language in the agreement. If the language is unclear, you might need to petition the court for clarification or modification.
If the language is clear, you may be able to petition the court to hold your ex-husband in contempt for not following the agreement. Not maintaining life insurance could be considered willful contempt. According to New York law, if a spouse defaults on a payment required by a divorce judgment, the aggrieved spouse can apply to the court for contempt proceedings (N.Y. Jud. Law § 756).
If your ex-husband has no insurance policy, this could complicate your ability to secure funds. You may need to discuss this situation with a legal professional for further guidance.
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.