Life insurance not maintained, options?

North Carolina Divorce Law Divorce and Separation Answers
1

Assuming that your mom has a court order giving her alimony, then she should proceed to filing a motion in the cause against your father for failure to follow the court order. Practically speaking, if he is unable to financially maintain that policy, there isn’t much a court can do, other than hold him in contempt. But, if he can pay for the policy, and just chooses not too, then you should certainly talk to a lawyer in your area about moving forward to enforce the court order.

Good luck,

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.com

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

2

Parents divorced 20 years ago, lifetime alimony paid to wife from ex-husband.

In addition, life insurance ($500,000) required to be maintained by the
ex-husband for the wife, per the terms of their final separation
agreement.

The ex-husband has willfully chosen not to maintain the life insurance.

The ex-wife has a long-term, terminal illness and would require the
proceeds from the life insurance policy to maintain her in her
(private-pay ONLY) nursing facility should the husband die (terminating
alimony)

I act as attorney-in-fact (durable POA, health care POA) for my
incapacitated mother.

My understanding is that this is not an enforcable claim on dad’s
estate should he pre-decease mom, so I need to resolve this now.

I cannot pay for mom’s facility (it does NOT accept Medicaid) - should dad
die I need to be assured of that lump-sum from dad or his estate.

Options?

Legal vs. what you actually do in practice to resolve this issue?

Thanks!