Opinion
October 8, 1985
Appeal from the Supreme Court, Bronx County (Silbowitz, J.).
The judgment of divorce provided that the parties' infant sons should be designated as the beneficiaries of the life insurance policies on the husband's life until said infants reach the age of 21. One of the issues raised by the wife on her appeal was that she would be without financial protection if the husband predeceased her. Although we modified the maintenance award we took no action on the wife's request that she be named as beneficiary of the husband's then-existing life insurance policies. On this application for reargument she notes that she would continue to provide and care for her infant sons, as she has throughout the marriage, in the event of his death.
We believe that the wife has made a compelling argument. Unless she is designated as beneficiary of the husband's life insurance policies she will be unprotected should the husband predecease her. In directing that the wife be designated as beneficiary of the husband's policies the parties' infant children will not be disadvantaged, since it appears that they have been and will continue to be well provided for.
Resettled order signed and filed.
Concur — Murphy, P.J., Sullivan, Bloom and Ellerin, JJ.