Judgments that contain child support, spousal support or property settlements that will be paid over time typically contain a requirement that the person who owes the money has to maintain life insurance to “insure” the support award. Once the divorce or custody judgment has been signed by the court it will be time to notify the life insurance company. Here is what you need to know:
Disclaimer – Use and review of this article is subject to the Disclaimer at the end of the article.
Copy of the Life Insurance Policy
First, the insured party (the party who owes the money) has to provide a copy of the applicable life insurance policy to the person who is the beneficiary (or trustee beneficiary) of the policy. The policy document provides the beneficiary with the address and other policy information that they need.
Next, the beneficiary needs to send a notification letter as well as a certified copy of the judgment to the applicable life insurance company. A certified judgment is one that contains the court’s official seal on it. You will need to obtain a certified copy directly from the courthouse (your lawyer or mediator can assist you with obtaining a certified copy). You can learn more about obtaining certified copies here.
The notification letter is the part that is confusing to most people. Here is a sample life insurance letter. This resource is provided only as a sample only and cannot be used as-is. You will need draft your own letter and tailor it to your own specific circumstances and terms of your judgment.
Do not attempt this notification process if you are represented by an attorney. Your attorney should take care of this for you. If you are unsure if your attorney has taken this step, be sure to ask.
Confirmation from the Life Insurance Company
The life insurance notification process is not complete until you receive a notification from the life insurance company acknowledging receipt of the judgment and that they will comply with the terms of it. If you do not receive confirmation from the company be sure that you follow up with them until you do.
- The information in this article is provided only as a general informational resource for unrepresented parties. Nothing contained herein letter constitutes legal advice and nothing contained herein should be construed as legal advice.
- If you are represented by an attorney, you should not attempt the life insurance notification process yourself.
- The sample letter above is not to be used “as-is”. This is a sample only which must be modified based on the circumstances of your situation. It is your responsibility to draft your own letter. This sample is specifically provided as a .pdf file so that you cannot use this document.
- The life insurance requirement is very important and there can be significant consequences if it is not done correctly. If you have any questions about the life insurance notification process you should contact an attorney.
- Use of, or reliance upon, the sample letter is done so at your own risk. Forrest Collins accepts no liability or responsibility for your use of or reliance upon the sample letter, whether used in whole or in part.
- This article only applies to judgments entered in the State of Oregon.