Woman wants court to order exam for ex-spouse

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By ERIC OLSON / The Associated Press

OMAHA — A divorced couple will go to the Nebraska Supreme Court on Wednesday to continue their fight about whether the woman can force her ex-husband to submit to a physical examination so she can buy a $1 million life insurance policy on him.

Mary Kay Davis wants the policy as security for alimony and child-support payments totaling more than $1.5 million in the event her husband, Henry Alan Davis, dies prematurely.

Henry, chief executive of Greater Omaha Packing Co., has testified that he already has purchased a $1 million policy to fund a trust he set up as part of the couple’s property settlement. Henry said the trust, in addition to Social Security payments, would provide for their two children if he dies before they reach 19, the age of majority in Nebraska.

Henry’s attorney, John Slowiaczek, said alimony payments end when the payer dies.

“A second $1 million life insurance policy would provide a windfall for the appellant,’’ Slowiaczek wrote in court papers.

Slowiaczek declined to discuss specifics of the case. Mary Kay Davis’ attorney, William Dittrick, did not return phone messages from The Associated Press.

The Davises’ divorce took three years to litigate, with the decree entered in November 2006.

Henry was required to pay $12,500 a month in alimony for 106 months and $5,000 a month in support for the two young children. He also must provide health insurance for the children and pay their uncovered medical expenses.

Dittrick contended in court papers that Douglas County District Court Judge Patrick Mullen erred last year in not granting a motion that would require Henry to take a physical exam for a life insurance policy. Exams typically are a prerequisite to establish the person’s eligibility for insurance.

Slowiaczek said an exam and insurance policy were not part of the decree and that such a provision cannot be added once the decree is entered.

Slowiaczek also said that under state law, a person’s life cannot be insured unless that person gives consent.

Dittrick said in court papers that the insurance policy is necessary because Henry has offered no documentation to show the existence of a $1 million policy to fund the trust — a point Slowiaczek disputes.

Dittrick said it would be doubtful Mary Kay Davis could find a job that would allow her to make up for lost income if Henry were to die.

Slowiaczek pointed out that Mary Kay Davis, on her own, has considerable resources.

“Appellant’s story of woe could not be further from the truth,’’ he wrote.

He said she has about $2.3 million in investments and that she received $1 million in cash from Henry 30 days after their divorce. Her home, Slowiaczek wrote, is paid off and is worth between $525,000 and $900,000.

Slowiaczek said she has no outstanding debt, her $175,000 in attorney fees were paid by Henry Davis and that she received ownership of her Jaguar, her clothing, her jewelry and her personal effects as part of the property settlement.

“By her own testimony, appellant’s net worth is in excess of $4 million,’’ Slowiaczek wrote.