Requiring Spouses to Get Life Insurance in a Texas Divorce

 Posted on March 31, 2023 in Divorce

When a couple gets a divorce, they often think that once the divorce is final, their connection to each other will be done. In some ways that is true. The marriage is over. The division of assets and property is usually addressed within weeks or months following the divorce. Quit claim deeds are recorded, vehicle titles transferred, QDRO agreements for retirement accounts drawn up, etc. But there are some areas of divorce that do not end when the ink is dried on the divorce decree.

Child support is one issue that is decided in divorce that is often long-term. The financial obligations of one spouse to the other can last for years. This is why many divorces include a clause that requires one or both parents to obtain life insurance policies that will provide financial support for the child should something happen to the parent.

Child Support

Parents are usually required under Texas law to pay child support until the child turns 18 or graduates from high school, whatever is secondary. In some cases, the parent is required to provide support if the child attends college after they complete high school.  

The purpose of child support is to provide funds for the care of the child, including shelter, food, clothing, healthcare, and other necessities. The state of Texas believes – as do all states – that both parents need to share the cost of those expenses. If something should happen to the paying parent – a fatal sickness, accident, etc. – then the surviving parent would be totally responsible for those expenses. But a life insurance policy specifically for the care of that child would ensure the child would be financially taken care of.

In order to calculate the amount the policy should be, the court will factor in the amount of the child support order, including any required health insurance benefits the parent may be responsible for paying. The court will also calculate how many years the child support order will be in place, as well as if the child has any medical issues or special needs that require extra financial assistance. The court may even include the cost of continuing education for the child after they graduate high school.  

Child Custody

Conversely, the court may also require the custodial parent to have a life insurance policy in case something should happen and they die before the child turns 18. If this occurs, the other parent would now have custody and all the expenses associated with that custody. There may be additional expenses, as well, such as childcare costs.

Contact an Austin, TX Divorce Attorney for Legal Assistance

If you are going through a divorce, contact a Travis County complex divorce lawyer to ensure that your marital and parental rights are protected. Call Powers Kerr & Rashidi, PLLC at 512-610-6199 to schedule a confidential consultation and find out how we can help.

Source:

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.154.htm