by mynewlife » Wed May 06, 2009 06:03 pm
A month before my husband moved out and filed for separation he changed his beneficiary to his life policy to his mistress. He is now dating the mistress. Can I sue the mistress or husband to get the beneficiary changed back to me and the kids? We were married 19 years and have only been living separate for a month now. I am suing her for alienation of affection already. She was behind the scenes for 4 1/2 years. I just found out about her through phone records. :roll:
Posted: Wed May 06, 2009 06:36 pm Post Subject:
Unfortunately that is his choice given that he's still alive and (I assume) this is a private policy.
Very few wives ask for the insurance policies to have "unchangeable beneficiaries"... or in the alternative for the wives to be the owner of his policy and the husband own hers.
Otherwise I believe your only choice would be to dispute "ownership" of that policy under the divorce proceedings. If the judge agrees that the $ paid into the policy was marital property and you technically are an owner then he would have to revert the policy beneficiaries... otherwise is his choice.. no matter how unfair that may seem...
Let me know how you do :(
Posted: Wed May 06, 2009 09:51 pm Post Subject:
If your suing her, you'd need to have an attorney. I'd recommend asking the attorney about this issue.
Posted: Wed May 06, 2009 09:55 pm Post Subject:
The court will probably not force him to change you back to beneficiary. HOWEVER, it is normally a pretty usual ruling that a husband is required to carry a life insurance policy designed to continue paying child support / alimony / etc. in the event of his death. As suggested above, you can argue that marital money was used to pay for the premiums...but know that you will probably get some type of coverage as I mentioned above.
Good Luck with everything, and let us know if you have any more questions!
Posted: Wed May 06, 2009 11:14 pm Post Subject:
I am suing her for alienation of affection already.
Good hang both out to dry...don't forget you'll be entitled to a good portion of his retirement too (if you don't remarry)...You probably cannot do a thing about the beneficary change, ask your divorce attorney about it...you might be able to purchase (and pay) for policy on him yourself, (this does NOT give you permission to kill him however :wink: )
Let us know what your attorney says, and I'm so very sorry this is happening in your life... :(
Posted: Thu May 07, 2009 12:48 am Post Subject: insurance
GOSH...that's really horrible that he would change his Beneficiary. No..I don't think you have a 'say' in who his Beneficiary is. I think he can change it, even without your permission...I know that doesn't seem right, however.
Posted: Thu May 07, 2009 08:13 am Post Subject:
Yeah, well, when the court ruling would have worked as a binding forcing him in maintaining you as the beneficiary on his policies, he is free to name anyone until then.
OP, the type of the plan that your husband has would also affect the distribution of the life insurance plan. You may be entitled to receive the immediate cash surrender value of the policy if it's a whole life plan. But a term life plan would be treated differently.
Posted: Thu May 07, 2009 08:21 am Post Subject:
Hi mynewlife!
If your suing her, you'd need to have an attorney. I'd recommend asking the attorney about this issue.
This is probably a good suggestion for you.
I am not really in a position to comment on the 'alienation of affection' thing. But I'm sure the mistress has nothing to do with her obtaining the beneficiary status. Did your attorney tell you that winning over the 'affection' case may get your beneficiary status back? :)
Steven
Posted: Thu May 07, 2009 09:42 am Post Subject:
i'm afraid you can't . since that's your husband's wish and he have the right to choose who as his beneficiary party. the only thing you can do is talk to your husband and ask him for the children's sake and let him to re judge the change. maybe he can change back but you can't order him.
Posted: Thu May 07, 2009 10:15 am Post Subject:
talk to your husband and ask him for the children's sake
good suggestion but clearly his children are not his priority given recent behavior..Posted: Thu May 07, 2009 04:11 pm Post Subject:
consult your divorce attorney. If possible get some information about type of policy, beneficiary type, special terms and conditions
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