Legal Question in Family Law in Ohio
insurance disbursement to minor children from previous marriage
My husband and I are recently married and are considering having a child of our own, but when I reviewed his divorce decree from his previous wife and noticed that the decree states that ANY income from ANY insurance policy that my husband ever takes out would go directly to the two minor children he had in his first marriage I grew very concerned, as it seems to imply that even if he took out a new insurance policy with me and my child as the beneficiaries, his first two children would be the legal claimants to said insurance policy. Is this the correct interpretation of the statement, and how can we change that, so I and my child have some protection should something happen to my husband? Any advice would be greatly appreciated. Thanks.
1 Answer from Attorneys
Re: insurance disbursement to minor children from previous marriage
The named beneficiary on an insurance policy will be the recepient of the proceeds. However, his ex may be able to pursue a claim against the proceeds through the divorce action.
Without looking at the exact wording of the Separation Agreement, it's hard to say how it might be interpreted. However, based on what you've written, it sounds as if there are some vague issues to be more neatly defined. It's a good idea to have your agreement reviewed by an attorney, and if there are some interpretation issues, then an amendment or modification can be prepared, specifying exactly who should be named a beneficiary on which policy.
Hope this helps!
Christine C. Nierenz, Esq.
The Harris Law Firm, P.C.
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