In Matter of Estate of Barnes
Insurance requirement for children in divorce decree terminates when children become adults.
Insurance requirement for children in divorce decree terminates when children become adults.
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.
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.
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).
(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.
Life insurance requirement expires when children are no longer minors as it is in the nature of child support. (Not published, but citable)