Can my ex-spouse claim monies from my annuity if he has not followed through on his other obligationsthat werepart of our divorce decree?

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Can my ex-spouse claim monies from my annuity if he has not followed through on his other obligationsthat werepart of our divorce decree?

My ex-husband was to have a kept a life insurance policy on our children as a part of our divorce. His lawyer has now filed a QDRO to allow him to claim funds from an annuity I have a a part of the divorce decree. Can his acquisition of these funds be halted if he has not maintained the life insurance policy, or are these 2 separate issues which have no impact on one another?

Asked on August 20, 2010 under Family Law, New York

Answers:

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

Answered 10 years ago | Contributor

Read your agreement.  It most likely states that each provision stands on its own (or something to that effect) and they act independently of each other.  So you are most likely correct.  I would not, though, let the matter go on for much longer.  You do not want to be seen as waiving any right here (although again that is highly unlikely) and you want to make sure that the children are covered in the event of his death.  There could be a claim made against his estate but who wants to go through that hassle?  I would seek help from an attorney in your area on this one, possibly your attorney that helped in your divorce.  Good luck.


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