Is my soon to be ex-husband entitled to the proceeds of my upcoming life insurance claim from my dad’s policy?

UPDATED: Apr 29, 2012

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Is my soon to be ex-husband entitled to the proceeds of my upcoming life insurance claim from my dad’s policy?

My soon to be ex-husband filed for divorce last month, saying we have been separated for over a month. My dad passed away about then and left me the beneficiary of his life insurance policy. I will be receiving a lump sum of money within another week or so. I am a homemaker, have 2 kids (not from my husband), and physically unable to work. I need this money to start my life over. After filing the divorce, he wants to now reconcile, and I do believe it is to come into the money.

Asked on April 29, 2012 under Family Law, Indiana


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss and for your situation with your husband.  I think that your assesment of the situation nad his return may be right.  Your money from your dad is your inheritance and that money is yours alone.  But you can not take the money and co mingle it in an account should you decide to reonsile or give him access.  Then it could be considered maritl money.  Good luck. 

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