Family Court Judge Can Even Sort Of Rule Over Second Marriage

Husband and Wife marry. The second time for each.

Husband has two minor Children from his previous marriage.

Husband’s divorce decree orders him to maintain a life insurance policy until Children turn 23 years old which designates Children as the beneficiaries.

Husband has not done so and makes no provision for Children in a will.

Wife wants to know whether she is bound by Husband’s decree of divorce from his ex.

Variations on this theme do come up in a divorce lawyer’s practice. Sometimes in connection with a prenuptial agreement leading into the second marriage. Sometimes when the second marriage hits a rough patch. Sometimes when a happy marriage is dealt a tragic blow by an illness or traumatic injuries.

The short answer is: no, the second spouse is not directly bound by the other spouse’s prior divorce decree.

The more complete answer though is that in the event of Husband’s death before Children turn 23 years old, Children would have a claim against Husband’s estate for the amount of insurance Husband was ordered to maintain.

And in Florida, Husband’s surviving Children may also have a homestead claim on Husband’s marital residence, which could pose problems for Wife.

In divorce, law in general, and in life, it often pays to pick one’s battles wisely.

Read more in this MarketWatch article: Can I leave my stepchildren nothing if my husband dies?