A divorce decree can sometimes supersede a previously designated beneficiary on a life insurance policy. The outcome is influenced by state and federal laws governing the policy and whether the policyholder resided in a community property state. Expert life insurance lawyers can provide insights into how divorce impacts beneficiary designations. If your current or former spouse had life insurance and passed away, and you think you should be the beneficiary, contact us to discuss your situation. We have successfully assisted clients nationwide in obtaining the life insurance benefits they deserve.
How Divorce Impacts Life Insurance
In numerous states, revocation-upon-divorce laws automatically remove an ex-spouse as the beneficiary of a life insurance policy following a divorce. Consequently, the policyholder needs to appoint a new beneficiary. If this step is not taken and the policyholder passes away, the death benefits might go to the estate due to the absence of a named beneficiary.
Generally, the designated beneficiary receives the life insurance proceeds, regardless of the instructions in the policyholder’s will. Nonetheless, certain legal conditions can alter this outcome, such as:
- The policyholder was married in a community property state.
- The policyholder did not update the beneficiary after a divorce in a state with revocation-upon-divorce laws.
- The policyholder altered an irrevocable beneficiary designation.
- The policyholder designated someone other than the court-ordered beneficiary.
If any of these conditions pertain to your spouse or ex-spouse, and you believe you should be the life insurance beneficiary but are not, please contact us for assistance. We might be able to help you secure the benefits.
Is a Provision in a Divorce Decree to Maintain Life Insurance for an Ex-Spouse Enforceable?
Yes. It is not uncommon for a divorcing couple to agree that one spouse will continue to maintain life insurance for the benefit of the ex-spouse or minor children. Court’s will often enforce these types of agreements even when a former spouse has purchased a new life insurance policy and designated someone new as the beneficiary. This situation is somewhat common especially when the divorcing couple has minor children or a spouse who is entitled to alimony. The purpose of the life insurance obligation is to ensure there will be a source of support should the former spouse die.
Sadly, litigation often occurs when a former spouse dies without complying with an obligation to maintain life insurance. When faced with this situation, it is recommended to promptly engage an experienced life insurance attorney. For starters, the surviving ex-spouse will need to quickly make a claim against all life insurance policies that insured the former spouse’s life. If another person is named as the beneficiary of those policies, there is a strong possibility that the insurance company will need to file an interpleader complaint to so that a judge can determine who is entitled to the death benefit.
There are a number of potential pitfalls when seeking to enforce a divorce decree insurance obligation. When evaluating these types of issues, we often ask these questions:
- Does the divorce decree require the ex-spouse to be the beneficiary of all life insurance policies or a certain life insurance policies?
- Are there any limits on the length of time life insurance must be maintained for the ex-spouse’s benefit?
- Has a substantial amount of time elapsed since the divorce decree was entered?
- Has the purpose of the life insurance policy requirement been satisfied (have adolescent children reached adulthood)?
- What life insurance policies are in effect and do any of the beneficiaries have a strong claim to the proceeds?
- Did the divorce decree specify the amount of insurance that must be purchased and maintained?
- Is the life insurance policy governed by ERISA and does that impact a potential challenge to a beneficiary designation?
- Is the life insurance policy community property?
- Are there additional assets in the ex-spouse’s estate that could satisfy the life insurance obligation?
- Has the life insurer already paid the death benefit or can the money be the subject of an interpleader action?
In some cases, claims to the life insurance proceeds can be resolvd through an interpleader claim process where all claimants present their claims in a single legal proceedings. In other types of cases, the ex-spouse may need to seek damages against the former spouse’s estate or directly against an insurance company or agent who wrongfully paid a claim.
These types of legal issues are often complex and emotional. The attorneys at Johns Law Group seek to bring comfort and guidance at a time of uncertainty, However, if you find yourself suddenly involved in a life insurance dispute, you need to act promptly. Contact Johns Law Group for a free consultation to take control of your legal problems.
Jeremiah Johns is a former insurance defense attorney who now represents plaintiffs in bad faith insurance, catastrophic injury cases, and commercial disputes. He has a unique perspective from his experience representing some of the nation’s largest insurance companies.
Jeremiah is licensed to practice law in Texas, Louisiana, Florida, and Georgia (though he is presently inactive in Georgia). He is also admitted to the 5th Circuit Court of Appeals. For his education, Jeremiah earned an LL.M. in Admiralty from Tulane University, a J.D., cum laude, from Syracuse University, and both a B.A. and B.S., magna cum laude, from Georgia State University.
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