It is quite common for parties to negotiate life insurance coverage for divorce agreements, but it seems quite uncommon to provide for disability insurance. Of course, this insurance is not as common as life insurance and may prove too expensive for many couples, but insurance agents tell us disability is much more probable than we would imagine. It makes sense, therefore, to provide for disability insurance, particularly if the payor already has it. Here is a sample paragraph:
Disability Insurance.
a. Husband shall maintain a disability insurance policy with Wife designated as the beneficiary in the amount of money each month that Husband is obligated to pay to Wife in the sum of child support and alimony.
b. Upon execution of this Agreement, Husband shall deliver to Wife such insurance policy or policies or a certificate of insurance evidencing the assignment and beneficiary designations set forth above and Husband shall execute and deliver all forms, instruments and documents which may be required to effectuate the intent of this Agreement.
c. Husband shall not borrow against the policy nor in any manner pledge or encumber same.
d. Husband hereby authorizes Wife to obtain direct confirmation from the insurance carriers of the policies described herein of his compliance with the provisions of this Article and further agrees that he will, upon demand, execute and deliver to Wife, without charge therefor, whatever instruments, documents, or authorizations which may be necessary and desirable in order that Wife may document Husband’s compliance with this article.
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Adding a disability insurance provision is a great idea. The children need to have some form of protection if a parent is unable to provide. Also, having a provision for life insurance is also a good idea.