Divorce: New York

Divorce: New York

Category Archives: Insurance

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The Divorce Life Insurance Trust

Posted in Insurance
A court may order that life insurance be maintained to secure the payment of child or spousal support or the payout of a distributive award. It is not to be an award in an of itself. Its purpose is not to create an additional fund on the death of a party, but rather to secure… Continue Reading

Automatic Orders, Violated During Divorce Action, Cannot Be Enforced After Pre-Judgment Death

Posted in Enforcement of Support and Orders, Insurance, Statutes, Temporary (Pendente Lite) Relief
A spouse’s pre-divorce judgment death results in the unenforceablitity of divorce action orders, including the automatic orders mandated by Domestic Relations Law §236(B)(2)(b). As a result, Westchester County Supreme Court Justice Paul I. Marx held in his April 17, 2014 decision in A.V.B. v. D.B. that a husband was without a remedy for his wife removing… Continue Reading

Ex-Husband’s Obligation to Maintain Life Insurance for Ex-Wife “as Trustee” Specifically Enforced

Posted in Insurance
The June 19, 2012 decision of Suffolk County Supreme Court Justice Peter H. Mayer in Mehran v. Mehran (PDF) resolved a motion made in a post-divorce judgment action by an ex-wife to enforce several provisions of the parties’ 2003 post-nuptial settlement agreement. That agreement was incorporated, but not merged into their 2004 judgment of divorce.… Continue Reading

Did Judge Overrule the Appellate Division to Hold Ex-Husband May Not Be Required to Provide Health Insurance Beyond Period He Is Required to Pay Support to Ex-Wife?

Posted in Insurance, Maintenance
The rule of law discussed by Monroe County Supreme Court Justice Richard A. Dollinger in Lomaglio v. Lomaglio is undoubtedly correct. An ex-husband may not be required to provide health insurance beyond the period he is required to pay his ex-wife maintenance. The question is was he allowed to correctly apply the law? With allusions to Gilbert and Sullivan’s… Continue Reading