In Re Marriage of Bratton

The issue presented in this appeal is: may a former spouse be ordered to divest herself of her interest in a policy insuring her former husband’s life because he objects to her continued retention of the policy? We hold that she cannot.

Appellant Karen Mick Bratton appeals an order in favor of respondent Ronald E. Bratton, entered in their marriage dissolution proceeding, directing her to terminate a whole life insurance policy in the face amount of $100,000 which Karen owns on the life of Ronald. Karen contends the court erred in that (1) Ronald lacked standing to contest her retention of the policy, (2) there was no evidence to support the court’s finding that the equitable doctrines of laches, estoppel or unclean hands mandated the termination of the policy, and (3) the decision of the court is predicated on a finding of marital fault forbidden by the Family Law Act. We reverse.

Factual and Procedural Background

Discussion

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I

Standing

After their separation, Ronald ceased paying premiums on the insurance he held on Karen’s life and the policy lapsed. Karen continued her payment of premiums on the policy she owned insuring Ronald’s life. Karen contends Ronald…