Life insurance

UPDATED: Oct 1, 2022

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Life insurance

My husband’s divorce agreement states that he will name his kids from his previous marriage the beneficiary of his retirement/life insurance. We have since gotten married, hes changed jobs, bought a house, and we have a child of our own on the way. He would like to make me the primary beneficiary. Can he do this without changing his divorce/child support agreement or do we have to go through the courts and have this changed?

Asked on November 5, 2017 under Insurance Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, if he agreed in his divorce to make his children from the prior marriage beneficiaries, he is legally obligated to that. He would have to get permission from a court to change that provision; alternately, depending on exactly what the agreement says, it may be possible for him to maintain the children as beneficiary of the existing policy and purchase a new policy naming you--if usure what the agreement says or means, bring it to an attorney to review with you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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