Is a property settlement agreement enforceable against the beneficiary of a life insurance policy?

California, United States of America


The following excerpt is from Sehrt v. Sehrt, 179 Cal.App.2d 167, 3 Cal.Rptr. 555 (Cal. App. 1960):

'The minor plaintiffs here are not seeking to enforce an obligation of support which the decedent owed them. His obligation to support the minor plaintiffs terminated with his death. He was not under any legal obligation to provide insurance for his minor children after his death. The property settlement agreement is in effect an assignment of the proceeds of the insurance policy, no more, no less; and as said in Kauffman v. Kauffman, supra [93 Cal.App.2d at] page 814 [210 P.2d at page 33]: 'and is therefore not enforceable against the defendant beneficiary'. The children acquired no vested rights whatever in the proceeds of the insurance policy.

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