June 28, 2006, Introduced by Senator SWITALSKI and referred to the Committee on Judiciary.
A bill to amend 1909 PA 259, entitled
"An act to provide that judgments of divorce and judgments of
separate maintenance shall make provision in satisfaction of the
claims of the wife in the property of the husband and in
satisfaction of the claims of the husband and wife in contracts of
insurance and annuity upon the life of the husband or wife, and in
satisfaction of claims of the husband and wife in or to any
pension, annuity, retirement allowance, or accumulated
contributions in any pension, annuity, or retirement system,
including any rights or contingent rights in and to unvested
pension, annuity, or retirement benefits; and to change the tenure
of lands owned by husband and wife in case of divorce, and to
provide for the disposition or partition of such lands or the
proceeds thereof,"
by amending section 1 (MCL 552.101), as amended by 1985 PA 42.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
1. (1) When any judgment of divorce or judgment of
separate
maintenance is granted in any of the courts of this state,
it
shall be the duty of the court granting the judgment to include
in
it a provision in lieu of the dower of the wife in the property
of
the husband, which provision shall be in full satisfaction of
all
claims that the wife may have in any property which the husband
owns
or may own in the future, or in which he may have any
interest.
(1) (2)
Each judgment of divorce or judgment of separate
maintenance granted by a court of this state shall determine all
rights of the wife in and to the proceeds of any policy or contract
of life insurance, endowment, or annuity upon the life of the
husband in which the wife was named or designated as beneficiary,
or to which the wife became entitled by assignment or change of
beneficiary during the marriage or in anticipation of marriage. If
the judgment of divorce or judgment of separate maintenance does
not determine the rights of the wife in and to a policy of life
insurance,
endowment, or annuity, the policy
shall be is payable
to the estate of the husband or to the named beneficiary if the
husband
so designates. However, the company issuing the policy
shall
be is discharged of all liability on the policy by payment
of its proceeds in accordance with the terms of the policy, unless
before the payment the company receives written notice, by or on
behalf
of the insured, or the estate of the insured, or
1 of
the heirs of the insured, or any other person having an interest in
the policy, of a claim under the policy and the divorce.
(2) (3)
Each judgment of divorce or judgment of separate
maintenance granted by a court of this state shall determine all
rights of the husband in and to the proceeds of any policy or
contract of life insurance, endowment, or annuity upon the life of
the wife in which the husband was named or designated as
beneficiary, or to which he became entitled by assignment or change
of beneficiary during the marriage or in anticipation of marriage.
If the judgment of divorce or judgment of separate maintenance does
not determine the rights of the husband in and to the policy of
life
insurance, endowment, or annuity, the policy shall be is
payable to the estate of the wife, or to the named beneficiary if
the
wife so designates. However, the company issuing the policy
shall
be is discharged of all liability on the policy by payment
of the proceeds in accordance with the terms of the policy, unless
before the payment the company receives written notice, by or on
behalf
of the insured, or the estate of the insured, or
1 of
the heirs of the insured, or any other person having an interest in
the policy, of a claim under the policy and the divorce.
(3) (4)
Each judgment of divorce or judgment of separate
maintenance granted by a court of this state shall determine all
rights of the husband and wife in and to all of the following:
(a) Any pension, annuity, or retirement benefits.
(b) Any accumulated contributions in any pension, annuity, or
retirement system.
(c) Any right or contingent right in and to unvested pension,
annuity, or retirement benefits.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 1343
of the 93rd Legislature is enacted into law.