Legal Question in Family Law in Massachusetts
If you are seperated from your Husband (not legally) but live apart, is he allowed to change his Will or insurance policies without the Wife's consent?
3 Answers from Attorneys
If no action has been filed in court, he can change anything he wants. If you want to stop him, file an action for divorce or seperate support and serve him with the complaint and summons. The summons contains an automatic financial restraining order.
He can change his Will and his beneficiary on a life insurance policy, but by statute you are entitled to half his estate with certain exceptions.
You can challenge his change in life insurance beneficiaries. By law you are the beneficary of his 401K unless you get divorced.
You might consider getting an Ante-nuptual agreement made between the two of you. This is like a pre-nup but post marriage. It may or may not be used as the basis for a divorce agreement should the two of you not reconcile.
Yes, both parties are free to make changes to his or her will, life insurance, etc., with some important exceptions. If you are contemplating divorce and would like to consult with counsel, feel free to give our office a call.