I have not filed yet for divorce and wondered about my life insurance policies. Can I change my beneficiary to a trust for my children before I file? Would there be any negative consequences to doing so?
I know that once you file everything can potentially be locked during the divorce proceedings through status quo orders, and I do not want her getting the proceeds in case of death while we are negotiating a settlement.
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Nebraska divorce laws where I am licensed to practice.
Where I practice, you are able to change a beneficiary on your life insurance policy at any time barring a court order. This would apply to periods before, during, and after a divorce.
However, there could be many unforeseen negative consequence, and the major issue is the judge’s perception of you, especially since it appears you will be engaged in a custody dispute.
If your case is one in which you will be pursuing joint custody, then it will likely be quite important that you are able to show the judge that you and the opposing party can work together for the benefit of the children.
Any action that you take that could be construed by the court as reflecting unfavorably on you could be used against you in a divorce and custody case. This is obviously a very subjective area, but something for you to consider.
I encourage you to meet with a divorce lawyer to make sure that you are properly taking into consideration all the relevant factors necessary for you to make an informed decision.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.