Legal Question in Family Law in Washington

Receiving death benefit- will soon to be ex get some of it?

My father recently passed away and left me $200,000.00 insurance policy. I have not received the 200k yet. I plan on divorcing my wife in 2007. Will she be able to get any of that 200k? We have been married just over two years. I brought her and daughter (17) from the Philippines on Fiancee Visa that will become that will need to be finalized end of 2007. I will not allow finalization to happen.

Thanks


Asked on 10/15/06, 2:40 pm

1 Answer from Attorneys
Christopher Steuart IT Forensics, Inc.

Re: Receiving death benefit- will soon to be ex get some of it?

The insurance payout would be separate property, but you have to make sure it does not get commingled with community property. The standard for determining how property is divided is a fair and equitable distribution. This requires considering what each party brought into the marriage (debts, assets, and earning capacity), what each party will take out. Short term marriages the courts will generally work at getting the parties back to where they started.

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Answered on 10/15/06, 10:52 pm


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