Can my ex take my son off his survivor plan benefits?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my ex take my son off his survivor plan benefits?
My ex got remarried and our son was on my ex’s military survivor plan benefits. He just got remarried and took my son off and put a step kid on it. Is my son not entitled to that?
Asked on May 11, 2018 under Family Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
No, your son has no inherent right to be on this plan, and your ex could substitute another beneficiary (for example, a step child). The only way your son would have an enforceable right to be the beneficiary would be if the terms of your divorce (the court order or settlment) required it: in that case, you could bring a motion or legal action in family court to enforce the terms of the order or settlement and force your ex to restore your son to the plan. But unless it was required in the divorce, they could do this.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.