Updated: Aug 31, 2019
What you don't know can really cost you if your
Settlement Agreement is not correct.
My husband died last month. We were married for over 15 years. My husband had been married previously. I just found out he had an insurance policy, and his ex wife is the beneficiary . She got everything and I'm trying to figure out how I can manage my life without his financial support.
The answer to this question is not simple, and it will take some looking into the facts to find if you are entitled to anything.
Section 732.703 of the Florida probate code effective 7/1/2012 puts a new twist into the above situation.
You can do the research yourself, or if you wish, use our document company to do it for you. First you must find where your husband was divorced. Then in that state and county, locate his Marital Settlement Agreement. Since your husband died after 7/1/2012, his ex-wife would be entitled to the insurance policy only if their divorce decree required that she be named the beneficiary. If this is not the case, you will need the assistance of a Family Law or Probate attorney to assist you in receiving what is rightfully yours.
The moral of this story is this. If there are assets and liabilities you should be using a professional in the preparation of a Marital Settlement Agreement. This does not necessarily mean you limited to the services of attorney's. You can use a Family Mediator for less cost. A do it your self divorce should only be used if it is a short term marriage with little or no assets. In all other cases, use a Family Mediator or an attorney.