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How can I maintain child support if my former spouse dies?

On Behalf of | Aug 26, 2022 | Blog, Custody & Visitation

Establishing child support in your divorce settlement may not be enough to provide for your child. Even if your former spouse is young and healthy, your ex could suffer incapacitation or even die because of an accident or illness. You should consider how to keep supporting your child in the event your co-parent can no longer pay support.

Forbes describes some options that may help you sustain child support if circumstances do not allow your ex-spouse to continue supplying you with support payments.

Maintain an existing insurance policy

It is possible you have insurance policies to cover your child in dire situations. However, your co-parent may also have life insurance coverage. In the event your ex dies, the policy will pay out death benefits you can use to provide for your child. If your former spouse has an individual policy or a group life policy, a divorce settlement might mandate that your ex keep the policy.

Take out new life insurance coverage

In the event your ex does not have life insurance, the divorce process is a good opportunity to have your co-parent purchase coverage. You might work this out in negotiation with your spouse, or the divorce judge could make it a requirement of the final settlement.

Create a constructive trust

It is possible your ex does not have enough money to purchase life insurance or will not qualify for coverage. You might explore alternatives like having your former spouse contribute money into a constructive trust. This puts some money aside to pay for future support if needed.

Securing the future of your child is likely a top priority in your divorce, so take comfort that there are ways to help give your family a good life once your marriage is over.

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