My Ex. was supposed to obtain an insurance policy for 50.000 and then give it to me. I have asked him about the policy and he has not given me the policy. I believe he never made one out. Do I have a case?
Dear Ms. Fleming:
Although it has been a long time, if your divorce decree required your ex husband to obtain a life insurance policy and he has not done so, then you can file a motion to compel him to comply with the original agreement and/or motion for contempt, depending on the wording in the divorce decree.
Often times insurance policies are used to secure the child support and/or alimony an ex-spouse is to receive. Depending on the wording in the divorce decree, it is possible that if the policy was to secure child support and/or alimony and the underlying obligation has ended (i.e. your ex no longer has to pay child support or alimony) then your ex may no longer have an obligation to keep an insurance policy in effect. You should read over the terms of your divorce to determine the purpose the policy was to serve in order to determine if he must still keep it in effect. If the answer is yes, then you can go to court to try to enforce that provision.
Best of luck,
Cindy S. Vova
Law Offices of Cindy S. Vova, P.A.
Broward/Miami-Dade: 954-316-3496
Boca Raton: 561-962-2785
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.