Legal Question in Family Law in Minnesota

Re: How can I make sure I collect my money

Thank you for your very important question.

The issue you describe (ensuring the payment of a property settlement from an insurance company) requires some careful, and immediate, action on your part.

It appears that the payment your husband is to receive on his 65th birthday is from some form of an annuity, although I would need to examine your decree and other documents. The insurance company has a contractual obligation with your husband, not with you, and it is for this reason you have likely been told that payment will be made to him.

Despite this, there are several remedies available to you, but I must urge you to address this issue very soon -- particularly if your husband is at or near the time when he becomes entitled to receive payment. Regardless of where your husband now lives, if your divorce was in Minnesota, you can still approach the court in the county where your divorce was granted and obtain an order that (1) requires your husband to provide information regarding the current status of beneficiary designation, (2) requires him to produce evidence about the various payment options available under the insurance or retirement plan, and (3) possibly find him in contempt if he does not comply with this or other provisions of your divorce decree. He can also be ordered to provide the insuruance company with specific instructions about the manner in which the benefit will be paid - to possibly ensure you are able to get paid directly. Finally, it is also possible, but complicated, to bring the insurance company (or other payor) directly into your divorce proceeding. I have done this in several cases where it is necessary to enforce an order.

Without seeing your divorce decree, it is difficult to be sure exactly what the nature of his benefit may be. It is possible that it is a retirement benefit, and in some cases, a separate order can be obtained that orders the payor to make payments directly to you.

I strongly encourage you to call at your earliest convenience to discuss this matter. Any remedy available to you will require some time to evaluate and prepare, and I would hate to see you scrambling at the last minute to secure relief.

Again, thank you for your important question. Please feel free to contact me at your convenience. My contact information is below.