Houston, What Happens to Insurance Policies After Divorce?

Will you be protected in the event your ex-spouse dies and he (or she) is the major provider for you and the children? It’s often assumed that today’s circumstances will last forever, but the truth is, if you don’t think about the future today, you may end up with painful circumstances years down the road. Even as you go through the process of divorce, be sure to take into consideration what you and your children will need as time passes and circumstances change.

One of the more neglected areas of a divorce settlement is insurance, and that’s because insurance is an often misunderstood financial tool. Because it can be both a risk management tool and a wealth accumulation tool, it’s important to understand the role it plays prior to divorce so you can deal with it equitably after the fact.

    In Texas, your divorce decree mus specifically designate you as the beneficiary, or your ex-spouse must re-designate you as beneficiary on the policy for you to receive any insurance proceeds, post-divorce.

As a risk management tool, there are two types of insurance that should be considered: life insurance and disability insurance. When there are any financial obligations between ex-spouses, (e.g. alimony, child support, mortgage payments) those obligations should be protected in the event of a premature death or disabling circumstance that would prevent the paying party from fulfilling their legal obligation.

Due to the importance of these tools to the recipient, the parent on the receiving end should be both owner and beneficiary of the policies and take responsibility for paying the premiums (which means you want to negotiate for those premium payments in the support settlement outlined in the decree). Don’t make the mistake of leaving the payments and beneficiary designation up to the “responsible party.” Sometimes the responsible party isn’t so responsible after all. All too often the receiving party ends up short changed –- and not always intentionally. It’s important to just eliminate the possibility of risk with risk management tools by being in control!

As a wealth accumulation tool, any cash value held inside a permanent life insurance policy and/or any value associated with a business buy/sell agreement that is funded with both life insurance and disability insurance should be considered “fair game” when the assets are being divvied up. Make sure you don’t overlook wealth that may be “hidden” inside an insurance policy and negotiate for either a “buy out” or revised coverage that puts you in control of both premium payments and the beneficiary designation.

Finally, if you find yourself in the new status of “single parent,” you may need to evaluate your own insurance coverage –- for both disability and death. Make sure your children don’t end up on the short end of the checkbook if something unexpected happens to you.

Your insurance needs can be analyzed by a professional. For your own peace of mind, be sure to select the right agent. Ask some of your trusted friends and advisors for recommendations. Interview several agents and select one who has (most of) the following qualities:

a. You can meet on a friendly basis and that feel he or she is competent. Remember that your agent will be working with your loved ones in the event something happens to you.

b. He or she has professional designations (CLU, ChFC, CFP, MBA, etc.,) and is a member of the Million Dollar Round Table (MDRT), thereby showing their experience and dedication to the insurance industry.

c. He or she has been in the business for more than five years. Many agents drop out of the business in their early years. You want someone with experience to serve you.

When you purchase insurance, you want to select a company that has:

a. Top ratings from the four different rating officials (A.M. Best, Standard and Poor’s, Moody’s and Fitch).

b. Been around for more than 50 years.

c. A mutual-fund company vs. a stock company.

Remember: “Cheap things are of no value, and valuable things are not cheap.” Insurance lasts a lifetime. You want a company to be there on the day you die to pay the claim.

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Houston, How Social Media Can Undermine Your Divorce

Family law lawyers these days tell clients to reflect before they post on social media networking sites before, during and after a divorce.

The digital lifestyle can have negative consequences and one of which is this: You can sabotage your own divorce case if you aren’t careful about posting on social media sites such as Facebook, Twitter and even the up-and-coming iPhone app, Instagram.

In fact, the AmericanAcademyof Matrimonial Lawyers (AAML) recently released a study that showed more than 80 percent of divorce attorneys have used social media posts (also known as “social networking”) as evidence in divorce court cases in the past six years.

Yes, divorce lawyers all over the country are, more and more, sharing Facebook posts, Twitter tweets and Instagram pics and captions in the courtroom. These “snapshots” into the life of your soon-to-be ex spouse have exposed extramarital affairs and outright lies that can affect everything from spousal support (alimony) to the time your allowed to spend with your children.

In a widely reported case, the husband had seen some things on their shared computer that made him suspect incriminating evidence would be found in the wife’s social media accounts. The judge ordered the divorcing couple to hand over the passwords to their Facebook and online dating accounts to the opposing counsel.

See? Social media networking can undermine your divorce (or prove your point!). So, what can you do about it today?

What Can I Do About Social Media and My Divorce?

One thing lawyers say is crucial to the divorce process is patience and restraint. Sure, it may be very tempting to gush on Facebook about your new crush, but it can also be used as evidence if you must disprove adultery in your divorce case.

What about tweets, Instagram pics and even “check ins” on your smart phone? They can pinpoint your movements that can build a case to your very own guilt! And that’s not good in any court action.

Most divorce lawyers caution their clients to be rather anonymous during this time. This isn’t just flippant advice. Remember, you may feel like you are flying (as in partying) after you’ve decided to separate from your spouse, but do you really want to capture all the flying-too-high moments too?

Social media evidence can jeopardize not only your court case, but also affect your child custody rights and future ability to co-parent with your ex spouse. Here are some more tips:

Don’t brag. Think twice about “bragging” to your ex via any social networking post. Party pics can get you in trouble in more ways than just one.

Block your ex. Block your ex spouse from all your social media sites and consider blocking or limiting availability to certain family, friends and colleagues who are sympathetic to your ex spouse.

Change your passwords and protect your digital equipment. It is possible your ex spouse has or had access to your laptop or smart phone and can hijack passwords and even install spyware software. First, take the time to change all your important passwords. If you suspect spyware or are just curious, you can take your laptop or smart phone to a spyware detection specialist.

Stop checking in and geotagging. Don’t let everyone know your whereabouts during this sensitive time in your life. It’s time to chill out on any location services software such as “check ins” on your iPhone or with Instagram’s newfangled “geotagging” capabilities.

It may not be fun, but be wary before, during and after divorce about how your ex spouse, friends and family members (and a judge!) may feel about all of your social networking posts.

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