Bersch v. VanKleeck
Where insurance policy was awarded to husband, but he never changed beneficiary, former wife gets the proceeds, even though the divorce decree did not state how beneficiary interest was to be effected.
Duhame v. Duhame
Constructive trust for life insurance proceeds for benefit of minor children was appropriate where divorce stipulation required decedent to maintain his minor children as beneficiaries of policy through his employment. Support provisions did not end with his retirement, so life insurance requirement continued.
Parge v. Parge
Minor children from first marriage were not entitled to constructive trust upon life insurance proceeds where the policies were acquired by the decedent following remarriage, even though divorce decree required life insurance, even though none existed at the time.
In Matter of Estate of Barnes
Insurance requirement for children in divorce decree terminates when children become adults.
Singer v. Jones
Where husband was required to name child as beneficiary on “all existing” policies, canceled policy in existence and named second wife as beneficiary on new policy, court can impose a constructive trust per Duhame.
Socha v. Socha
Trial court cannot impose a constructive trust on proceeds of a life insurance policy where husband changed the beneficiary during a divorce action, contrary to court order. Chapter 766 provides the exclusive cause of action between spouses in matter involving martial property.
Vlies v. Brookman
Trial court affirmed for ordering husband to maintain life insurance for the benefit of the children.(N.B.: Parties stipulated to the concept of life insurance for the children).
Pluemer v. Pluemer
(1) There is no requirement that life insurance stipulations be support-related for a court to impose a constructive trust over the proceeds (2) Summary judgment was improperly granted where there was an issue of whether the second wife fell within the ambit of the bona fide purchaser exception.
McDonah v. McDonah
Life insurance requirement expires when children are no longer minors as it is in the nature of child support. (Not published, but citable)
Bartz v. Bartz
Statute providing that a legal separation shall be converted to a divorce upon application of either party one year after judgment is mandatory.