The purpose of Spousal Maintenance is to provide support for a spouse whose income is insufficient to meet his or her monthly expenses. This same concern often leads courts to Order that the obligor should carry life insurance insuring his or her own life, designating the obligee as beneficiary. The purpose of such an Order is to ensure that if the obligor passes away unexpectedly, the obligee will not be completely without support.
Many attorneys treat a requirement for life insurance as automatic, but it is not. Rather, a court must examine the following factors in weighing whether to Order a Spousal Maintenance obligation to be secured by life insurance:
- The obligee’s age;
- The obligee’s education;
- The obligee’s work experience; and
- The obligee’s employment prospects.
This is not an exhaustive list of the factors to be considered, but these are the factors that have been considered by courts in the relevant case law. Kampf v Kampf, 732 N.W.2d 630, 635 (Minn. Ct. App. 2007). Make sure that your attorney discusses whether your case is the kind of case where life insurance to cover Spousal Maintenance is appropriate.