Florida Divorce and Life Insurance Contracts

Can a Florida divorce court compel one of the spouses who is divorcing to keep a life insurance policy even after divorce? Although we are probate lawyers, not family law lawyers, we frequently get contacted regarding the issue of life insurance . Many times, we get calls from family law and divorce lawyers, or people who were a party to a divorce, when one of the spouses passes away. The Florida lawyer or spouse calling realizes that they may be a creditor of the deceased ex-spouse’s Florida estate. Life insurance is one of those problems that always gets messed up in a divorce. Furthermore, people tend not to learn about it until one of the spouses passes away. If you want to learn more about whether a court has jurisdiction to require someone to keep a life insurance contract incident to a divorce, read Fiveash v. Fiveash, a First DCA opinion. Although Fiveash is a 1988 case, it stand for  important and current principal of law. Life insurance contracts and insurance policies can be required as a part of the divorce. What is more important is who owns that policy, who is the beneficiary, and how to make sure those premiums are paid. Finally, what do you do if you survive your ex-spouse and he was supposed to have a life insurance policy but never did? You should talk to an experienced Florida probate attorney. To interview probate litigator John Pankauski, free of charge, call 561-514-0900 Ext.101.