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Newest Member: DustSettling17 (45071)

Divorce/Separation Post Reply     Print Topic    
User Topic: Separation Agreement Help
KAJENO2000
♀ New Member
Member # 38816
Default  Posted: 7:44 AM, April 8th (Tuesday), 2014View ProfileEdit MessagePrivate MessageHomepage

I have not posted much or been on here but over a year but I do read this forum every day which has helped me a lot.

I am in the process of finalizing my separation agreement that was originally drawn up by a lawyer and I have made some of my own changes to it. I can't afford to have the lawyer revise at the moment so I am hoping someone here can help me.

I currently have a clause in the separation agreement stating that my husband must keep life insurance and is currently in the name of the children. I have read that is should be named some other way so that if he passes while the children are still minor then I will be able to have those funds for the child support. Does anyone have any suggestions on how to word that so I would get the life insurance for the benefit of the child support?

My children are currently 12 and two are 6. Is it possible at this point in the stage to also add a clause about STBXWH paying half of the car insurance for the children when they reach that age?

I am hoping this gets done as easily as possible but right now I have quite a few things in the separation agreement that I changed. The one thing I think my STBXWH would fight me on is the amount of child support because he "can't afford to live with paying me that much" but he can't keep the kids "like he wants" because of his job.

Thanks again for any help.


WH - 36
BS - 34 Me
DD - 11
DD - 6
DS - 6

Posts: 14 | Registered: Mar 2013 | From: Maryland
one2ndchance
♀ Member
Member # 14759
Default  Posted: 11:18 AM, April 8th (Tuesday), 2014View ProfileEdit MessagePrivate MessageHomepage

I'm not an attorney, so I can't help you with the wording you requested, but I was recently given some advice by an acquaintance who has her own insurance agency.

She told me that even though STBXWH says he will continue his life insurance policy with our daughter and me as beneficiaries, there is no way of knowing that he will continue to make the payments. She said I should "own" the policy on him and make the payments myself to insure they are made. Money for payments would be included in spousal support.

Evidently she has dealt with this problem before. XS gets tired of making life insurance payments and lets them lapse. Beneficiaries are not notified.


Me: BW 59
Him: STBXWH 61
Married: 25 years
DDay1: 2/2002; DDay2: 6/2012
Gave him his second chance and he blew it.
Divorcing

Posts: 479 | Registered: May 2007 | From: California
HopeImOverIt
♀ Member
Member # 34517
Default  Posted: 3:49 PM, April 8th (Tuesday), 2014View ProfileEdit MessagePrivate MessageHomepage

My children are currently 12 and two are 6. Is it possible at this point in the stage to also add a clause about STBXWH paying half of the car insurance for the children when they reach that age?

Absolutely you can try to add that clause. State that you share "extra expenses" including:

sports, music lessons, church trips, school trips, extra-curricular activities, prom, car insurance, ...

...provided that both parties agree to the expense.

Heck you can also put in that you share college expenses.

Whether or not he agrees to this clause is another matter.


Me: BW (50)
ExWH: (51)
2 teen-age boys
Divorced

Posts: 263 | Registered: Jan 2012 | From: PA
Tripletrouble
♀ Member
Member # 39169
Default  Posted: 9:03 PM, April 8th (Tuesday), 2014View ProfileEdit MessagePrivate MessageHomepage

So much of divorce law varies state to state but my decree requires he carry life insurance in the amount of $x with me as beneficiary until the kids are both 18. Ex agreed to pay a share of cell phone and auto related expenses but he was not legally required to do so. Call me lucky as he has been very reasonable about financial matters.


40 somethings - me BW after 20 years
D Day April 2013
Divorced November 2013

Be happy with what you have while you work for what you want - Hellen Keller


Posts: 638 | Registered: May 2013
Nature_Girl
♀ Member
Member # 32554
Default  Posted: 12:32 AM, April 9th (Wednesday), 2014View ProfileEdit MessagePrivate MessageHomepage

I have that life insurance clause in my decree which would pay out the amount of support that was remaining. I suspect it's not worth the paper it's printed on. So far he's not given any indication that he's obtained that policy.


Me = BS (Stay-at-home-mom)
Him = EX-d out (abusive troglodyte NPD SA)
3 tween-aged kids
Together 20 years
D-Day: Memorial Weekend 2011
2013 - I DIVORCED HIM, I'M FREE!
http://www.youtube.com/watch?v=RBOJpIwF47Y

Posts: 9715 | Registered: Jun 2011 | From: USA
Topic Posts: 5

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