Life Insurance & Divorce
Why You Should Be Talking About Life Insurance During Your Divorce
When a divorce includes provisions for alimony or child support, it is a common practice to include an agreement stating that the supporting spouse should have a life insurance policy. This can guarantee that the child will still be provided for in the event that the supporting parent suffers an untimely death.
You can also include a provision in your divorce agreement stating that, if your ex-spouse changes the beneficiary designation or they allow the policy to lapse, you and/or your children would be entitled to a portion of your ex-spouse’s estate equal in value to the death benefit of the insurance policy.
How Long Will the Life Insurance Policy Be Maintained?
The amount of time the policy is maintained will depend on what the policy is intended for. If the life insurance policy is meant to provide financial security for a minor child, it can usually be terminated once the dependent child reaches the age of 21 in New York.
The supporting parent can maintain the policy beyond their child’s formative years if they so choose. If the life insurance policy is meant to guarantee alimony or a property settlement, it can be maintained for as long as the alimony payments are required, or until the business value is transferred.
Call Lois M. Brenner, Esq. to Learn More About Your Options
Lois M. Brenner, Esq., a highly acclaimed divorce lawyer, seasoned litigator, accredited mediator and psychologically trained medical professional, has been serving and protecting families throughout New York for more than three decades. She has even been featured as a family law expert on television programs like Good Morning America, The Oprah Winfrey Show, and CNN – just to name a few.
If you need help protecting your family’s financial security, call our team at Lois M. Brenner, Esq. today. You can schedule your initial consultation by calling (646) 663-4546.
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We have Lois Brenner to thank for turning our marriage around. We hired Lois as our mediator when we were considering divorce. When we started working with her and she realized we wanted to try to keep our marriage together she suggested a postnuptial agreement to get our marriage back on track. Having the postnuptial agreement made us both accountable when it came to our issues. Having this doc in place is clearly helping us redefine our marriage in a better way. I don’t know if we will never get divorced, but for now we are respecting each others’ boundaries and are aware of the consequences if we don’t! It was really cool that Ms. Brenner suggested this method as an option. Most divorce attorneys would not have suggested a way for us to try to stay together. She is very talented and unusual in the best possible way. If we choose to take the divorce path eventually we will definitely hire her again. In the meantime we are making it work. She is amazing.- Joseph M
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Lois is unlike any attorney I've worked with. Her understanding of the mental health side of my custody case was what ultimately made the difference. Absolutely exceptional.- J.W.
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I just wanted to take a moment to personally thank you for the wonderful job you did mediating our separation agreement and putting this document together. You not only saved us hundreds of thousands of dollars but helped avoid what would have been a disastrous future in court. I'm grateful you did not give up on us. If I ever am involved in another situation like this, and I hope I never am, I would certainly recommend your services.- J.M.
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"Like at First Sight!" We consulted Lois on the best, most cost-effective way to get divorced. First, she extended a free in-office consultation to us. It was supposed to be one hour; it was an hour and a half. She was gracious, didn’t rush us, explained thoroughly all the ins and outs of going to court, and answered thoroughly lots of our questions. She also shared lots of great information on divorce mediation, which we really knew nothing about, and now we have decided mediation will be the best route for us. We knew in the first 10 minutes that we really liked and trusted her. We are starting our mediation process with her next week. We are really looking forward to working with her. We feel strongly she is the best person for us.- Jen
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Everything you said about mediation was true. My husband and I really connected in a positive way working out the details of our divorce in mediation with you. The arguing was endless but we finally heard each other. You have a lot of patience. The property discussions made everything so emotional. You kept us focused and stopped us from rehashing the past. We tell everyone about you. Hopefully none of our friends will divorce but if they do we will tell them they need you.- Tom & Philip R.
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