Beneficary Designations


#1

We are separated and working through the final pieces of our separation agreement. My 2 children’s father, my exhusband, is gay. The attny I hired to draft the agreement drafted that Husband shall maintain each of the children individually as at least 1/3 (2 daughters, he has one son from prior relationship) benficiary of any stocks, bonds, promissory notes, bank and asvings and loan accts, interests in pensions or profit sharing plans, insurance policies, retirement accts, business interests and employement benfits as available and applicable. He shall also name each of the children as at least 1/3 of his estate pursuant to a valid will. Husband shall provide proof of same to Wife 30 days and annually…

Exhusband argues to change this to 1/4 each reserving 1/4 for a “significant other” since gay marriage is not recognized in NC. He feels he is at a disadvantage since a new “spouse” would normally be a beneficary if remarried as in my situation.

Can you provide insight on this please and thank you.


#2

The court will not order him how to will his property in an ED case, and can only apportion and distribute martial property between spouses.