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Life Insurance
Manic Mom
#1 Posted : Thursday, August 11, 2011 2:58:12 PM(UTC)
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My ex husband has life insurance for which he pays R1800 per month in premiums. We have two minor children (aged 4 and 6) who were the beneficiaries of this policy before we got divorced. My ex has now changed the beneficiaries on the policy to his sister - who happens to be married to a multi-millionaire, and now stands to receive the full proceeds of my ex's policy while his children are completely excluded.

Can he do this? What about his duty to maintain his children? (He currently pays less than 50% of their maintenance needs and is even fighting that.) What happens if I pass away and so does my ex? Will they have any claim against the sister for support? I can't afford life premiums, so other than an education policy, my children would not be left with much.
Shazzie
#2 Posted : Friday, August 12, 2011 2:50:54 PM(UTC)
shazdart

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As far as I know your ex can not remove the children as beneficiaries to his life insurance. If he was unable to maintain the premiums and cancel the policy then that would be another issue.
The premiums are based on a number of things, his age, amount insured etc and has nothing whatever to do with the beneficiaries that are listed. Has he given a reason for his changes?

My daughter too has had to make do with less than 50% of what her father should pay for maintenance and he has cancelled all his policies and spent his pension in order to "get back at me". He knows that I will not allow our daughter to go without a good education whether he pays or not, but it does mean that I go without many things and cannot live in the area I would like to in order for me to be able to afford the school that my daughter goes to.

I think that if you get in touch with the Maintenance court or Social Services they would be able to advise you on the legalities of your ex's choices but what benefit the knowledge would be in the long run is debatable.

I know that Grandparents can be sued for maintenance where the parent is not contributing, but whether this extends to his sibling is not clear. Again Social Services should be able to help.

I know how frustrating this all is, but there comes a time when for our own sanity, we have to pick our fights. Perhaps this is the one that is best left alone.

Loads of luck. xx
Alex Cowling
#3 Posted : Friday, August 12, 2011 10:16:14 PM(UTC)
AlexCowling

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If their is nothing in the maintenance or divorce Order regarding his life insurance he can do what he wants. If he claimed he could not pay the full amount of maintenance because of the life insurance and I you know for sure that your children have been removed as the beneficiaries, then you can question it. However, do you know for sure that they have been completely removed? My husband has life insurance that will pay out to me but then in his Will it stipulates that his kids get a share. His sister may be the only one he trusts to make sure his kids get the money. It's dangerous to jump to conclusions in situations like these, and may just be better to get the facts first.
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