How long are the terms of a divorce decree enforceable?

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How long are the terms of a divorce decree enforceable?

A situation has come up in mine and my fiancé’s life. He got divorced 6 years ago and at the time he had an 18 year old daughter, who is now 24 years old and married. As part of the divorce decree, he has to pay on a life insurance policy where his ex-wife and his daughter are beneficiaries. He also has a life insurance policy through his work and a 401K and a pension. There is a section of this settlement that reads that his daughter is to be the beneficiary for the life insurance policy, 401K and pension upon his death. As you can imagine this will cause quite a hardship on me financially if he dies before me. We agree she should be the beneficiary to the policy he is currently paying on, but what about everything else?

Asked on July 6, 2015 under Family Law, Missouri

Answers:

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

Answered 6 years ago | Contributor

A marital settlement is a contract and if he entered in to the contract voluntarily and was no coerced, etc., then it is binding on all parties forever. Are you sure the agreement was not until she was emancipated as defined in the agreement?  Please take it to an attorney to read all the way through.  Good luck.


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