Legal Question in Family Law in Illinois

A few questions...

I have been divorced for a little over a year. My ex-husband filed for divorce in Minnesota while I was living in Illinois. He moved to Illinois 2 months after our divorce was final. Our termination agreement was based on the fact that he lived in Minneapolis and I lived in Illinois. There are things in the agreement regarding child support being pro-rated based on his travel expenses, joint custody, etc. that I want to have modified due to the fact we now reside in the same state. He also remarried 8 months after our divorce. He was recently diagnosed with cancer and although during the divorce I declined his 401k and pension, I am wondering what I am entitled to receive in the event of his death. Our termination agreement states that we are both to have life insurance in the amount of $50k payable to each other -- not our daughter since she is a minor. Is there a way to find out if he is in compliance with this? Does everything automatically go to our daughter even though he has remarried? We were married for 12 1/2 years -- is there any law that states everything goes to me even if he has a new wife? Thanks.


Asked on 12/15/03, 11:23 am

1 Answer from Attorneys
Mary McDonagh McDonagh-Faherty Law Offices

Re: A few questions...

I am wondering what I am entitled to receive in the event of his death - nothing. Is there a way to find out if he is in compliance with this? Ask the court to order him to show proof if it is not already in your divorce decree - if it is, then the court can enforce the order. Does everything automatically go to our daughter even though he has remarried? No, it goes to his wife unless his will states otherwise. We were married for 12 1/2 years -- is there any law that states everything goes to me even if he has a new wife? No.

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Answered on 12/15/03, 11:54 am


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