My situation is complex but here is an brief description of the case.  A divorce decree of a defendant in a divorce contained a provision for “Statutory Insurance” that states; “IT IS FURTHER ORDERED AND ADJUDGED that except as provided herein, all rights in any interest to and in the proceeds of any policy or contract of life insurance, endowment or annuity owned upon or upon the life of the other party, in which the party was named or designated as the beneficiary or became entitled be assignment during the marriage, or anticipation thereof, and whether such contract or policy was heretofore or shall hereafter be written or become effective, said rights and interests are hereby extinguished and the parties shall in the future hold said insurance or contract free and clear of any claim or right which the other party may have or may have had.”  The defendant named the ex-spouse as a beneficiary to life insurance through his employer after the divorce and died without changing it.  The contingent beneficiary, as the Personal Representative of the estate filed a claim in probate citing that in line with Sweebe v Sweebe and Thomas O Becker to name a few, that the ex-spouse waived her right to retain the proceeds as she signed divorce decree.  The judge ruled for motion for summary disposition in the ex-spouse’s favor, and ruled against ours stating that the deceased entered into an implied contract with the insurance company (with the designations).  He did not consider our documentation because he simply stayed “within the four corners of a contract”.  He didn’t go any further.  He did however raise his own questions with regard to the insurance policy such as; 1) that the initial insurance application was completed in its entirety, the subsequent designations were the signature pages only; 2) the designation read “spouse” in which the primary beneficiary was not; and 3) if the plan documents allowed for such a description.  The insurance policy/contract is the same policy the deceased entered when they were married.  (It has the same contract number.) It was supposed to be updated annually, it was not.  It was outdated by almost two years.  Does the designation of a beneficiary change the original contract or update the same contract?  In light of the judge’s decision, does that mean that the man and his ex-spouse entered into an implied contract with the IRS given that they both signed their tax returns (2X) as married when they were not? 

The judge gave 30 days to investigate and we are desperate.  Is the divorce decree a legally binding contract?  Given that the policy is the same policy/contract of life insurance, do the subsequent designations, change policy itself to where it is different from the one named within the divorce?  Assistance is greatly appreciated.