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DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.

Former Wife Entitled to Deceased Husband's Life Insurance Benefits as Part of Property Settlement Agreement

Prior to their divorce, husband and client entered into a property settlement agreement whereby he would assign his military retirement  and Virginia state retirement benefits to client. Husband later remarried. Soon thereafter, Husband died, and his widow claimed death benefits under a life insurance policy which was part of his state employment retirement plan. Client also claimed these benefits pursuant to the provisions of the property settlement agreement.

An Henrico circuit court judge found for client on the basis that insurance benefits were a part of the deceased husband's state retirement plan, and that the husband's reaffirmation that client receive these benefits in a written addendum to the property settlement agreement after his last marriage, were sufficent to overcome the statutory bar to a divorced spouse receiving life insurance proceeds of a former spouse.

Awarded: $150,000.00


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