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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 3 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.