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New York Law - Life Insurance On the Payer. In New York the court is permitted by law to require the payer to take out life insurance that would pay the spousal maintenance in the event the payer dies. The beneficiaries of the insurance may be either the spouse or the children. Section 236.B.8.a. Cases: Hartog (1995) 623 NYS2d 537 (The court was not ordered husband to take out life insurance in an amount sufficient to make lifetime maintenance payments to spouse. However, the court affirmed the general principle that courts may order the payer spouse to take out life insurance for the benefit of the recipient spouse. In this case, though, the husband had prostate cancer and was agreed by all parties to be uninsurable). Maloney (1988) 524 NYS2d 758 (The court properly required the husband to take term life insurance payable to wife, in the amount required to pay the unpaid balance on the distributive payment award. The award was payable over 10 years, to accommodate husband's cash flow situation.)
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