In a case where one spouse is to pay spousal support or child support, can they be forced to get life insurance...

In a case where one spouse is to pay spousal support or child support, can they be forced to get life insurance to ensure that, if something happens to them, those payments would continue or there would be compensation for the other spouse?

By John Harding
May 12, 2014
CA FAQ/Asset/Property Issues

There is precedent in California for the forced purchase of life insurance to replace support if the paying party should pass away. So yes, that is within the power of the California family law judge. Before the California family law judge can exercise that power, she has to find that the spouse paying the support has the financial means to make those life insurance premium payments. So yes, it's very, very common.


John Harding is the principal of the law firm of Harding & Associates in Northern California. He practices family law litigation and divorce mediation exclusively. You can view his firm profile here, and visit his website here.

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May 12, 2014

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