Hello my question is that back in Dec my husband and I signed a legal separatin papers. In our separation agreement he agreed to turn one of the insurance policy over to me as the owner, well I have question him abou this and it has a lot of emotions stired up with him on this subject. The middle of March he called and told the insurance company to make it a joint ownership, will that is not what our agreement says and what was agreed and signed by both of and our attorneys. Well I sent a letter to his attorney to ask if she could please contact him on this matter and clear it up, cause he seems to think that it was not suppose to be that way with me being the owner and him staying the insured party. She sent me a letter back saying she would forward my letter but was not representing him and I would have to take it up with him on this matter. We are both not in NC no more, he is stationed in Texas and I have moved to Florida to be close to family to help me with this all of a sudden decission he has made after 26 years of marraige. We took this policy out when we first bought our home, and when talking to my attorney she said with the lenghtly time of marriage that it would be wise to either leave this policy in place or him assist me with taking another one out, well his attorney is the one we drew the papers up and we left the one in place already, stating that as of JAN1 2010 wife becomes owner of the policy and makes all the payments until she decides otherwise, we needess to say it was not turned over in Jan.
Come July 26 2010 is when he can file for the divorce, which he will be over in combat before that time, so I want to know when he files for the divorce and before I agree to sign the papers can there be someway put into writing that he has to turn the life insurance policy over to me as the owner and no joint before the divorce becomes final. I think he is due to leave to combat sometimes in June or the beginning of July. I have also heard but don’t know if it is true that a soldier can can’t serve papers while in combat zone, is that true? I have emailed my attorneys office and for her to take my case it is going to cost me1200.00, and with the amount set of alimony and paying bills and not having a job i just don’t have the the funds to dish out anymore more to an attorney. I need to know how to go about doing this and what can be done. I know a law suite can be filed with breeching the contract but is there another way once the divorce papers are served? I have told him I got a letter from the attorney on the matter but no response from him, he is currently in school all the time now preparing for his deployment to combat.
Your separation agreement is all you need to force him to turn over the policy. It is a legal and binding agreement that is not nullified by the divorce You should file your action for breach now, before he is deployed.