Life Insurance for the Benefit of the Minor Children
Most courts have recognized their inherent authority to require the support obligor to obtain or maintain life insurance on his/her life for the benefit of the minor children of the marriage, e.g.:
Once the children reach the age of majority, the support obligor may remove the children as beneficiaries of the life insurance policy, e.g.:
The courts are much more willing to find they have the authority to order the payor to maintain life insurance for the benefit of minor children than for the benefit of a former spouse because the obligation to support a minor child survives the death of the parent and is imposable on the estate of the payor.
Resources & Tools
PAYMENT RESPONSIBILITIES -- Payment of premiums on insurance policies can be part of the divorce settlement, and some insurance, such as whole life, may be assets in a marriage.
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"A Plain English Guide to Protecting Your Children"
Author: Mary L. Boland, Attorney at Law
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