Can You Receive Life Insurance From Your Former Spouse?
After a divorce has been finalized and assets have been distributed, most divorcees tend to think that that is the end of property disputes. Later on, when one of the divorcees passes on, life insurance disputes are likely to crop up. If you have been battling with the question of whether you can receive life insurance benefits from your former spouse, it is important that you seek further clarification on Divorce Law Garden City NY from experienced Garden City divorce attorneys.
Various considerations need to be made before a decision on who receives life insurance is arrived at. Factors like the state of issuance of the policy, type of policy, state of residence of the former spouses, and the divorce decree contents form part of the primary considerations when determining whether you can receive the sought benefits from your former space. Working with our divorce lawyer garden city, can help you gain insights into the state laws applicable in New York.
How does the type of insurance policy affect who receives the life insurance benefits?
Different life insurance policies have laws that control how benefits are disbursed and who receives the benefits. Therefore, even with a decree directing that a specific person receives insurance benefits, the laws controlling the insurance policies might override the decree. For example, where the policy is held is a Service members’ Group Life Insurance, which is governed by federal law, the person who receives the insurance benefits will be per the named beneficiaries in the policy and not the beneficiaries named in the decree. Therefore if your former spouse names you as their beneficiary in the said policy, you will be entitled to their life insurance benefits.
However, the case is different when it comes to ERISA policies because if the contents of the decree reflect a qualified domestic relations order as per the ERISA guidelines, then the beneficiaries in the decree override those named in the policy. The complexities of laws governing various policies can be challenging if you choose to pursue compensation without legal help. Our Family Lawyer Garden City NY from the law office of Fass & Greenberg can help you understand the various laws and subsequently offer guidance on how to pursue your case.
What happens where the deceased remarried?
States like New York have enacted laws that automatically strike out a former spouse’s name as a beneficiary from the life insurance policy upon a divorce. Life insurance policies remain some of the neglected assets during a divorce; hence, most people fail to update them upon divorce. Therefore, such laws that revoke a former spouse from the policy help reduce conflicts, especially where the deceased remarried after a divorce. Insurance companies often make a payout to a secondary beneficiary if there is one named in the policy. In the absence of one, the insurance company will pay the benefits per table of precedence on next of kin.
Can I still claim my beneficiary rights in New York despite State laws disqualifying them?
The answer to this question is ‘it depends.’ Therefore, there are exceptions to the state laws allowing a former spouse to pursue a compensation claim still. Our Garden City Lawyers have an extensive understanding of the exceptions to state laws, and they can help you lodge a successful claim. If the deceased held a life insurance policy governed by federal laws, you could lodge a successful claim because federal laws on policies override divorce decrees. Also, where there is an agreement between you and your former spouse directing that your name be maintained in the life insurance policy, with the guidance of our Garden city divorce lawyers, you can lodge a successful compensation claim.
After a divorce, most people are left feeling either one of two ways. They either have a fresh look on life, or they feel empty. The former group feels ready to start their life without the weight of something negative that was previously weighing them down. The second group of people tend to dwell on the fact that a big piece of their life is now just gone. They can feel like failures, like they’re making a mistake, and like they’ll never love again. If you’re in that second group, you need to know that the best is yet to come. Here are some secrets to achieving a positive post-divorce life.
Dealing with The Stress of a Divorce
Dealing with a divorce is going to be stressful at times. You know what’s more stressful? Living in a situation that isn’t working each and every day. In the long run, a divorce is going to take away so much stress and negativity. That’s what you need to focus on. When the days are hard, you need to think of the big picture. Although your world may feel like it’s crumbling now, in the weeks, months, and years to come, you will be the happiest you’ve been.
Lean on Others When You Need Help
You don’t have to be strong in the days, weeks, and even months following a divorce. Your friends and family love you, will support you, and will be there for you during this process. That’s why it’s crucial to use them as a resource. Seek out others who have been divorced before who can show you that everything is okay in the long run. If you feel like you don’t have anyone close to reach out too, there are alternatives. You can seek out the help of professionals, support groups with those going through something similar, or a chatroom online. Someone is always around to listen.
No Better Time to Start Something New
Sometimes the best way to get your mind off of a divorce is by giving it something else to focus on. There is no better time to start a new hobby, workout regime, home improvement project, you name it. Find something that you can immerse yourself into so that you forget about everything else going on. Find something that becomes your new passion. When you find that, you’ve found a new reason to wake up and get going in the morning. This will also help you really learn about yourself which will come in handy in the next relationship.
Find A Good Lawyer to Alleviate Stress
A good lawyer is just what you need to get through the divorce process quickly, fairly, and with as little stress as possible. When looking at divorce lawyer Garden City suggestions, find someone who is passionate about getting you what you deserve. You want to look at Garden City divorce attorneys and find the one who will walk you through every step of this process. If you’re searching for Family Lawyer Garden City NY, consider Fass & Greenberg. They’re compassionate, professional, knowledgeable, and experienced. They’re on your side.
Spending time with your children is something that most parents value. When parents are divorced or separated, it is necessary to have a parenting custody plan to avoid conflict and disagreement. By having a clear parenting plan, you will be able to plan for the future and avoid confusion. For assistance with parenting custody plans during the holiday season, contact a Divorce lawyer in Garden City.
How to prepare a parenting custody plan for the holiday season
Preparing a holiday parenting plan should be a priority for all divorced and separated parents. When preparing a holiday parenting plan, both parents will need to co-parent and keep the children’s best interest in mind. If parents are able to effectively communicate and co-parent without a conflict, a parenting plan can be developed jointly and through an agreement. If an agreement is reached, it should be memorialized in writing, so both parents understand the plan.
If parents cannot agree, then a holiday parenting plan can be pursued through the court. A court can issue a custody order which sets forth the specific terms of the plan. Because this is a court order, it is legally enforceable and there can be consequences if one parent does not follow the plan.
In most custody situations, a holiday parenting plan will allow the parents meaningful time with the children on certain holidays. The schedule could include alternating specific holidays each year, allowing each parent time on specific holidays, and otherwise guaranteeing that the parents and children know where they will be for each holiday. The specific holiday schedule will depend upon your situation and what will work best under the circumstances.
Which holidays should be included in a holiday parenting plan?
The specific holidays to include in your holiday plan will depend upon your situation. If there are holidays that you have traditionally celebrated as a family, then they should be addressed. If there are holidays that are recognized nationally, but have had little importance to you, then it may not be necessary to address.
Holidays which have extended time off from school, such as Thanksgiving and Christmas, typically will need to be addressed. You may need to specify when the holiday visitation begins and when it ends. The Christmas holiday may need to address how the school break will be divided and if there will be a deviation from your typical custody schedule.
Your parenting plan may also need to specify other notable events, such as spring break and summer vacation periods. Holidays which are included should have specific beginning and ending dates and times, so as to avoid any confusion or conflict.
How can an attorney help with holiday parenting time issues?
Garden City lawyers can help you prepare and enforce a parenting plan. An experienced Family Lawyer Garden City NY will be able to develop a holiday parenting plan which addresses your situation and any specific concerns that you have. A divorce lawyer garden city can also provide legal advice to help you respond to questions that arise.
If you have a parenting plan or agreement that the other parent is not following, then our Garden City divorce attorneys can help you pursue the available remedies. Our experience with Divorce Law Garden City NY will help you know what to expect and what to do. We will help you understand your rights and what options are recommended.
If you need assistance with a holiday parenting plan or just have questions, please contact Fass & Greenberg. We strive to help our clients find solutions to their questions. We will provide legal advice that is specific to your situation. Contact us to schedule a consultation.
Contrary to popular belief, student loans are one of the more complex items to deal with when divorce proceedings are underway. Most of the rules affecting responsibility for student loan debt will differ from state to state, so it is best to employ the services of a Garden City divorce lawyer to help you navigate this journey.
When a divorce is underway, the judge will look to split the marital property according to the exact laws of the particular state you live in. If you live in a state where community property is the rule of law, you can expect the judge will consider both spouses to own everything acquired during the marriage, both assets and debts, and split equally. In a state where equitable distribution is the rule of law, such as New York, it can get a bit more complicated as each spouse has an equitable claim to assets, and the liability for debts is not always equal. The judge will have to decide an appropriate allocation of assets and debts that is fair to both parties.
If the student debt acquired by both spouses is a relatively equal amount, it is easier to handle. The judge will simply rule that each party is responsible for their own student debt and leave it at that. Luckily, depending on what side of the fence you are on, if the debt was taken out before marriage, that debt is owned by the party who actually took out the loan. This can be very easy to prove when employing the services of Garden City divorce attorneys.
If the student loan was taken out after the marriage took place, it can be a bit more difficult to garner a steadfast rule. However, again, this all depends on the state in which the couple lives. By hiring a legal firm such as Fass & Greenberg, it will be much easier to navigate this journey.