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How is a life insurance policy accounted for in divorce?

| Dec 5, 2015 | Uncategorized

Q: I was in a financially and emotionally abusive marriage. We got married in 2011 and got separated in early 2014. I filed for divorce in April 2015. I have a life insurance policy with my soon to be ex wife as a nominee. This life insurance policy I bought before marriage and made her a nominee in 2012. Only I was paying all the premium for this policy from my pre-marital bank account. In divorce proceedings how will this life insurance policy be considered/divided?

A: David’s Answer: You may need to get proof as to whether the face value of the policy increased through active appreciation during the marriage. If it did, some of its value may be divisible. Otherwise, unless you’re going to owe her child support or alimony (i.e., maintenance), then I don’t see any reason you’d be prevented from changing the beneficiary. Schedule a consult with a White Plains Divorce attorney for a full assessment. – David Bliven, Westchester Divorce Attorney.

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