In New York, divorce judgments often include stipulations designed to secure financial support for children and dependent spouses. As reaffirmed in a recent New York decision issued in a divorce action, family courts may enforce these stipulations, including life insurance provisions, to ensure continued support. If you seek to enforce a provision in your divorce decree, it is wise to consult with a New York family law attorney to understand your options.
History of the Case
It is reported that the plaintiff and defendant were divorced by judgment in August 2019, which incorporated but did not merge their 2018 settlement agreement. Allegedly, the settlement required the plaintiff to maintain a $1 million life insurance policy for the benefit of the children and dependent spouse, as set out in the stipulation. In 2020, the plaintiff reportedly filed a motion to hold the defendant in contempt for allegedly violating certain terms of the divorce judgment. The defendant, in turn, cross-moved to enforce the life insurance provision stipulated in the judgment, citing the plaintiff’s non-compliance.
Allegedly, following a hearing, the trial court granted the defendant’s cross-motion, ordering the plaintiff to comply with the life insurance requirement as outlined in the divorce judgment. The plaintiff appealed, arguing that he was not in contempt and challenging the enforcement of the life insurance provision. Continue reading