If alimony is an insurable interest, can I obtain life insurance on my ex without his cooperation in NC?

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If alimony is an insurable interest, can I obtain life insurance on my ex without his cooperation in NC?

Asked on June 18, 2009 under Family Law, North Carolina

Answers:

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

Answered 12 years ago | Contributor

Insurable Interest has been defined asthe requisite connection between the one person and another person whose life is insured, as in the case of a financially dependent spouse or former spouse and children in the life of a former spouse.  Although it would appear that being an ex-spouse receiving alimony is an insurable interest, I would check with your divorce lawyer or the NC Department of Insurance just to be sure.

If you can indeed purchase life insurance on your ex, how much you want to purchase will answer your question.  Insurance Companies will require a physical of your ex and that will indeed require his cooperation.  If you are not yet divorced perhaps you can ask your attorney about a provision in the divorce agreement requiring your ex to maintain a policy for a certain amount for a certain time (alimony lasts how long?) for your benefit.  Certainly if you had children and he pays child support this should have been done for their benefit. But remember: although he may be required to do it he may not.  You could then demand that he cooperate in the procurement of insurance policies on his life.  Speak with an insurance agent in your State.  They will know the law and requirements.  You may not need his cooperation for small policies which may not require a physical.


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