Legal Question in Family Law in Massachusetts
My husband has a life insurance policy on me where he owns the policy and is the beneficiary. I have a life insurance policy on him as well where I own it and our children are the beneficiaries. My husband threatened to kill me and was charged with assault and battery on me. I had a restraining order against him for 3 years (The judge refused to renew it any more) In 2016, he plead no contest and received a 6-month probation where the charges were dropped after the 6 months. Because a divorce was involved the Court that issued the restraining order said that this should be deal with by the Probate Judge. I called the Insurance Company to cancel the policy that he has on me. The insurance company told me that I would have to get a Court Order from the Judge allowing this policy that he owns on me to be cancelled or change beneficiaries. I wanted to know If I can have to policy changed where the children are made the sole beneficiaries on the life insurance policy that he has on me.
1 Answer from Attorneys
I would suggest you file a Motion with the Court asking the policy be cancelled or to be put in an irrevocable trust administered by a Third Party solely for the benefit of your children. The general rule is that no one can own an insurance policy on someone else's life without their consent. The problem is that the policy is considered part of the Marital Estate. If you do not have an attorney assisting you, I would get one.
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