NJSBA Family Law Section

Wife has returned with a post judgment concern.  Wife receives substantial amount of monthly permanent alimony as per MSA from several years ago.  Husband was required to maintain life insurance of a specific amount to back child support. Husband was also required to maintain a set amount of life insurance to back alimony.  

Husband still maintains the policy relating to child support, but has let the separate policy relating to alimony lapse.  For various health/age reasons Husband is now unable to obtain a replacement policy.  

It is my understanding of the case law that Husband's estate will be liable for his failure to maintain life insurance if he dies while support payments are still ongoing. The MSA does contain a blanket provision that obligations are binding on heirs and assigns etc.  The problem is that Wife does not want to have to sue the estate in the future to recover her expectation if Husband should die first and is looking to enforce some sort of alternative to the life insurance policy. 

I have read Jacobitti v. Jacobitti, which allowed a trust to be set up for a disabled Wife when Husband was to old to obtain life insurance.  Although Husband does have significant assets here, Wife is in perfect health and relatively young.  

It would be appreciated if anyone has any thoughts on alternatives to the lapsed policy. Thanks!


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Lisa Roskos Esq.
Kinnelon NJ
(973)998-7073
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Why not have him name her as beneficiary of one or more of his assets in the amount of the life insurance.


Original Message------


Wife has returned with a post judgment concern.  Wife receives substantial amount of monthly permanent alimony as per MSA from several years ago.  Husband was required to maintain life insurance of a specific amount to back child support. Husband was also required to maintain a set amount of life insurance to back alimony.  

Husband still maintains the policy relating to child support, but has let the separate policy relating to alimony lapse.  For various health/age reasons Husband is now unable to obtain a replacement policy.  

It is my understanding of the case law that Husband's estate will be liable for his failure to maintain life insurance if he dies while support payments are still ongoing. The MSA does contain a blanket provision that obligations are binding on heirs and assigns etc.  The problem is that Wife does not want to have to sue the estate in the future to recover her expectation if Husband should die first and is looking to enforce some sort of alternative to the life insurance policy. 

I have read Jacobitti v. Jacobitti, which allowed a trust to be set up for a disabled Wife when Husband was to old to obtain life insurance.  Although Husband does have significant assets here, Wife is in perfect health and relatively young.  

It would be appreciated if anyone has any thoughts on alternatives to the lapsed policy. Thanks!


-------------------------------------------
Lisa Roskos Esq.
Kinnelon NJ
(973)998-7073
-------------------------------------------

If you bring a motion to enforce litigant's rights in that he has violated
the terms of the PSA, then let him claim that he let the policy lapse and
cannot get a new one (I am going to assume that he could, but that it would
be very expensive). Maybe could ask the judge for alternative relief
depending upon his assets - is there a pension or annuity that she could be
named as beneficiary? If there are any assets, then ask to have them turned
over to a trust in the even he dies. The point is that he violated the
court order by not maintaining the insurance.

Gerri Duswalt

GERALDENE SHERR DUSWALT
ATTORNEY AT LAW
QUALIFIED MEDIATOR

Admitted in New York and New Jersey
1812 Front Street
Scotch Plains, New Jersey 07076

1133 Broadway, Suite 708
New York, N.Y. 10010

Telephone: (908) 322-5160
Facsimile: (908) 654-3970
E-mail: [email protected]
[email protected]

Web Site: _www.duswaltlawfirm.com _ (http://www.duswaltlawfirm.com/)

General practice of law serving the legal needs of the community; family
and matrimonial law, bankruptcy, debtor/creditor, consumer, municipal court,
real estate, wills, civil litigation.


This e-mail and any documents accompanying this e-mail may contain
information from the law office of Geraldene Sherr Duswalt, Esq. that is intended
to be for the use of the individual or entity named in this e-mail
transmission and which may be confidential, privileged or attorney work product. If
you are not the intended recipient, be aware that any disclosure, copying,
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Original Message------

Why not have him name her as beneficiary of one or more of his assets in the amount of the life insurance.

Part of my concern with Husband's other assets are the potential tax consequences. My client's receipt of life insurance funds would not be taxed as income... But if she was named beneficiary of say and IRA for the same amount she would be taxed as if it were income.

-Lisa Nichole Roskos, Esq.


Original Message------

If you bring a motion to enforce litigant's rights in that he has violated
the terms of the PSA, then let him claim that he let the policy lapse and
cannot get a new one (I am going to assume that he could, but that it would
be very expensive). Maybe could ask the judge for alternative relief
depending upon his assets - is there a pension or annuity that she could be
named as beneficiary? If there are any assets, then ask to have them turned
over to a trust in the even he dies. The point is that he violated the
court order by not maintaining the insurance.

Gerri Duswalt

GERALDENE SHERR DUSWALT
ATTORNEY AT LAW
QUALIFIED MEDIATOR

Admitted in New York and New Jersey
1812 Front Street
Scotch Plains, New Jersey 07076

1133 Broadway, Suite 708
New York, N.Y. 10010

Telephone: (908) 322-5160
Facsimile: (908) 654-3970
E-mail: [email protected]
[email protected]

Web Site: _www.duswaltlawfirm.com _ (http://www.duswaltlawfirm.com/)

General practice of law serving the legal needs of the community; family
and matrimonial law, bankruptcy, debtor/creditor, consumer, municipal court,
real estate, wills, civil litigation.


This e-mail and any documents accompanying this e-mail may contain
information from the law office of Geraldene Sherr Duswalt, Esq. that is intended
to be for the use of the individual or entity named in this e-mail
transmission and which may be confidential, privileged or attorney work product. If
you are not the intended recipient, be aware that any disclosure, copying,
distribution or use of the contents of this e-mail is strictly prohibited.
If you receive this e-mail in error, please notify the sender at once.

Tax effect the amount and add it to the security amount

Sent from my iPhone


Original Message------

Part of my concern with Husband's other assets are the potential tax consequences. My client's receipt of life insurance funds would not be taxed as income... But if she was named beneficiary of say and IRA for the same amount she would be taxed as if it were income.

-Lisa Nichole Roskos, Esq.