QUESTION
can life insurance proceeds earmarked to beneficiaries be attached by ex-spouse to pay alimony arraearages in NJ?
Asked on Aug 28th, 2012 on Family Law - New Jersey
More details to this question:
*children from divorced marraige were over 30 years old at time of divorce.
* I re-married and now have a baby 14 months old.
*I have $550K in life insurance with my current wife & children from 1st marriage as beneficiaries. My ex-spouse is beneficiary on $100K till policy terminates in 12 years.
1 ANSWER
2 Awards
It is my experience that life insurance is not part of the estate so nothing can "attach" from your unpaid debts. If any of the beneficiaries of your estate had unpaid child support judgments, their share of your estate could be attached, but it has not been my experience that your unpaid child support would affect life insurance.
Answered on Aug 29th, 2012 at 5:41 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship