Legal questions about life insurance? Get free advice

Questioner

In 1990, my ex-husband and I took out a life insurance policy that would be paid out in 2020. We divorced in 1993. It was agreed at the time that my ex would withhold money from our children's maintenance payments for the premium of that insurance. The policy was converted at the time so that we would each receive half when the insurance ended. In 2020, that is. Now my ex has not paid maintenance payments for years because the children are already 27 and 30. However, I have never heard him talk about another payment method. My relationship with him is so bad that I don't dare to confront him about this either. I lost the policy I had at the time in one way or another. The insurance was taken out with dbv, now Reaal. My question is how do I find out what happened to that insurance and whether my ex could have simply cancelled it unilaterally and thus pocketed the money?

Lawyer

I assume that the value of the insurance (in redemption or after the end of the term) is divided in half. The settlement agreement that you both made is not legally valid because child support may not be settled. The policy should still be in your name because your permission is also required for a redemption. I advise you to ask the insurer to issue the policy and to write to your ex-husband to provide openness, with or without the help of a lawyer.

Questioner

Thank you for your quick response. It was agreed at the time that my ex would withhold 50 guilders (alimony was 500 guilders for 2 children) to pay my contribution for the insurance... premium was 100 guilders per month at the time. The insurance therefore simply continued. The payment will, if all goes well, take place in 2020, the year my ex turns 60. After he no longer had to pay alimony, he never asked me to transfer half of the premium in another way. And to be honest, I was no longer thinking about it. He also never implemented the alimony indexation and he never had any extra money for the children... always paid the minimum. I always just left it that way... I could manage. Still, I think it is important now, because all those years I have contributed to the life insurance, so I also want my share and know where I stand. Since our relationship isn't great, I want to find out what my rights are before I confront him. So he cannot cancel the insurance without my permission? He has since remarried. Does this have any consequences? Can I still obtain a policy number from the insurance company? Many questions. Hope you can answer me on this.

Lawyer

It is very important that I review your agreement, you may also contact me directly so that you can ask more personal questions. I assume that there are two beneficiaries on the life insurance? You must follow up on this quickly, if you are on the policy you have the right to inspect it.