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Viva joice | We have life insurance on my ? |
We have life insurance on my husband and I am the beneficiary on the policy. but we are getting divorce. Am I still be beneficialy after our divorce go through? |
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Chris C
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You will remain the beneficiary until he changes it. When he changes it, if he is the owner (the one paying the premiums) you have no say in it.
The only exception is if you live in one of the areas where beneficiaries are made irrevokable, in which case it can not be changed.
IF you are getting divorced and you have children together, you may be able to legally force him to get insurance that has you or the kids as the beneficiary if he is paying child support. If he dies this will leave you without alomony, which makes the kids suffer, so many make this a standard procedure in the divorce preceedings. |
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mbrcatz
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Whoever owns the policy, gets to pick who the beneficiary is. Who owns the policy? If it's you, you ALWAYS get to pick the beneficiary. If it's your husband, HE gets to pick the beneficiary.
The marriage, actually, has NOTHING to do with it. The beneficiary doesn't automatically change because you're divorced, and if you ARE married, the owner of the policy can still change the beneficiary, to ANYONE. |
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Insurance Pickle.com
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Unitl he decides to change it to someone else. He could do that now while you're married as well. |
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aaron p
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I recommend you talk to your attorney or mediator about this. If you will be receiving alimony or child support payments, life insurance can help replace those payments even if he's not around. Very often, they will suggest that the recipient of the payments be the owner of the policy or irrevocable beneficiary. Unless that happens, the owner of the policy can do whatever they want to about the beneficiary at any point while the policy is active. |
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Emma F
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Yes. Unless your husband contacts the insurance company and requests a change of beneficiary form. If he does that you will no longer be the beneficiary on his policy. |
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Michael M
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In most states you would still be the beneficiary but he can go and change it. I'm not a divorce expert but I usually recommend that people not include life insurance policies as part of the divorce settlements since it is difficult to force the spouse to go in an change the beneficiary and very easy for him to change it to someone else at any time. You would need some kind of collateral assignment with the insurance company to put you in control of the beneficiary to make sure he couldn't change it.
In NY they just passed a law that said that divorce nullifies joint property contracts and life insurance beneficiary status. So if you live in NY as soon as the divorce goes through you would no longer be the beneficiary even if you were listed as the beneficiary on his policy. The money would go to his estate.
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