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Life Insurance in a Divorce Setting
In many — if not most — matrimonial actions, counsel or the court almost always automatically ensure that the dependent spouse is provided with life insurance, despite the fact that the statute authorizing life insurance to secure alimony is permissive and not mandatory. In many cases where there is a child support obligation or an equitable distribution obligation, the purpose of life insurance is clear: to secure these obligations, in the event the paying spouse dies prior to their fulfillment. Life insurance protects the supported spouse by providing a source of funds to assist with the support of the children (an obligation that survives the death of the spouse) and by assuring that the payment of equitable distribution is received (because the payment should not depend on the life or death of the obligor).
In a situation, however, where child support and/or equitable distribution are not issues, the question arises as to whether or not life insurance is an appropriate security measure for the payment of alimony. Let's look at the following hypothetical. Assume the following facts in a divorce under New Jersey law:
The Husband is 50 years old, the Wife is 48 years old, and their children are emancipated (therefore, child support is not an issue). They have been married 20 years. The parties have entered into a Property Settlement Agreement, which provides for permanent spousal support in the amount of $120,000 per year, payment of equitable distribution to the Wife in the amount of $1 million, and division of retirement accounts on a 50/50 basis, which is approximately an additional $250,000.00 in retirement funds to the Wife. The Wife is to receive her entire equitable distribution (ie, $1 million) at the time of the divorce, which is scheduled to take place immediately upon the signing of the Property Settlement Agreement.
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