Alimony, Life Insurance, and Medical Examinations
The South Carolina Court of Appeals issued a decision two weeks ago (Browning v. Browning) which discussed the relationship between and use of life insurance policies to secure the payment of alimony in divorce cases. It also addressed when it is appropriate to require a spouse to undergo a medical examination against his/her will for the purpose of obtaining life insurance in such situations.
In order to require a spouse to obtain or maintain life insurance to secure payment of alimony, the receiving spouse must have an insurable interest in the paying spouse's life. Once the alimony obligation ends, the receiving spouse no longer has any such interest. The Court also found that ordering the paying spouse to submit to a medical examination against his/her will, i.e., forcing him/her to consent, where there is no insurable interest would violate public policy. The full text of the Browning case can be found here.
