Legal Question in Family Law in California

ATROs

Son disabled. Wife wants divorce. Each party owns a life ins. policy bought prior to marriage. Each were beneficiary of other's policy. Comm. funds pays her premium. Ins. Co. pays his due to disability rider. Verbally agree to keep policies separate and out of divorce property distribution. Divorce was pending. Son changes beneficiary. Son dies. New beneficiary says no ATROs were violated because, if son lived, his policy would not have been part of upcoming divorce proceedings. Need to prove in court. Are there any CA legals cases to support this issue?


Asked on 9/14/08, 6:04 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: ATROs

The ATRO applies to all property. Until there is an order dividing the property is entered an agreement to divide the property becomes invalid upon the death of one of the parties. However, on the facts you have stated, it could be argued that there was an agreement that he could change the beneficiary of the life insurance policy. You may want to attempt to enter into an agreement to share the insurance proceeds to avoid the possibility of getting nothing.

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Answered on 9/22/08, 8:45 pm


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