I depend on alimony. What happens if my ex dies?

My husband/wife and I are going through a divorce. We have agreed that I will be the custodial parent and my soon to be ex will pay child support and alimony. If I did not have the child support and/or alimony I would not be able to take care of our kids. What can be done to protect me and our kids in the unlikely event my husband/wife were to pass away?

I would recommend that a life insurance policy be taken out on your soon to be ex. I would also require that the policy had you and/or the kids listed as IRREVOCABLE beneficiaries. By making the beneficiaries irrevocable the policy holder cannot later change the beneficiaries.

If I can help in any way with your will, child support or any family legal issues, please give me a call. -James Fancher (205)912-8247
Blankenship Harrelson, LLP

My husband/wife and I are divorced. Who has the right to bring a wrongful death action on behalf of our minor child?

The individual who has physical custody of the minor child will have the exclusive right to bring the action if they file within six months of the minor’s date of death. After the six months has expired the non-custodial parent and/or a 3rd party representative may bring the action.

How will the proceeds be distributed?

The proceeds will be distributed in accordance with the Alabama law of intestate succession. (Alabama code §§ 6-5-390 and 6-5-391)  JDF (205)912-8247

What is the difference in a uncontested divorce and a contested divorce?

The simple answer is, an uncontested divorce is when you and your spouse develop your own agreement and take it to your attorney for him/her to reduce it to writing. 

This type of divorce in my opinion is the best for a couple of reasons:  (1). It allows the parties to have control over the outcome of the divorce; rather than letting a third party determine who gets what and how much.  (2). It is the most economical option.  Something to think about is do you really want to argue a couple of hours over the kitchen table that cost $800.00 when you are paying two attorneys $200.00+ an hour?

A contested divorce is anything that is not an uncontested divorce.
JDF (205) 912-8247

Get the Right Kind of Attorney

Success in divorce law often results from advanced legal strategy. Competence in divorce law is certainly necessary but not enough to secure success. The attorney to have is the one that can wield the law strategically. The earlier an attorney is retained, the more time he or she will have to put a successful strategy in place.


Regardless of how good your marriage may have been or is, do not expect the same from divorce. Although it is important that your attorney is professionally courteous, he or she must be able and willing to be tough when necessary. Divorce is breaking relationships, homes and property into parts and it is often dirty work. The right kind of lawyer will do the breaking for you. He or she will get the settlement you can live with or fight.  JDF (205) 912-8247