ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Bankruptcy Blogs -> Florida Bankruptcy Law

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Bankruptcy

: Florida Bankruptcy Law

Cash Value Life Insurance Owned Jointly With Non-Filing Spouse

By Jonathan Alper

ADVERTISEMENTS

The cash value of a life insurance contract may be exempt under Florida law. Cash value life insurance is exempt only to the extent of life insurance owned by the debtor insuring his own life. The exemption does not hinge on whether to debtor, his estate, or some other person is the beneficiary of the insurance policy. If a debtor purchases life insurance on the life of another person, such as his spouse, the cash value of such policy is not exempt under Florida law. A prospective bankruptcy client (husband) stated that he and his non-filing spouse own two separate life insurance policies with cash value; one policy insures the debtor?s life and the other policy insures the life of the non-filing spouse. The two policies have equal death benefits and cash value. The debtor ask is the cash value of each policy is exempt or is non-exempt property which will be taken by the bankruptcy trustee.

The debtor has a 50% interest in the cash value of both life insurance policies. The debtor?s 50% interest in the cash value of the policy insuring his own life is exempt. The wife?s interest in either policy is not part of the debtor?s bankruptcy estate. The cash value of the policy insuring his spouse is not exempt because it does not insure the debtor?s own life.. As the debtor owns only 50% of the cash value of the policy on his wife only 50% of the value is part of his bankruptcy estate. However, the debtor could argue that the cash value of the policy on his wife, owned jointly with his wife, is tenants by entireties property. If he and his wife have no joint unsecured debts all of the debtor?s tenants by entireties property is exempt in Florida. I am not aware of any case which exempted cash value life insurance as a T by E asset.

posted by Jonathan Alper, bankruptcy and asset protection attorney, Orlando, Florida

Full post as published by Florida Bankruptcy Law on August 29, 2008 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0149 secs (new cache)