Divorced Families: Claiming Life Insurance Benefits

Life insurance is often overlooked during divorce proceedings, but it is an important consideration for families. Divorce agreements are legally binding and can be difficult to alter, so it is crucial to carefully review and update life insurance policies before finalising a divorce. This includes assessing the need for life insurance, determining if the policy is a marital asset, accounting for cash value in permanent policies, and deciding on beneficiaries and premium payments. While term life insurance policies may not require changes, permanent life insurance policies with a cash value component are typically considered joint assets and may need to be divided or cashed out. Additionally, if there are children involved, it is essential to ensure their financial protection by maintaining a policy on the ex-spouse or creating a trust to handle the proceeds. Consulting with legal and financial professionals is advisable to navigate these complex matters effectively.

Who is the beneficiary after a divorce?

When it comes to life insurance, the beneficiary is usually the spouse of the policyholder. However, in the event of a divorce, the policyholder may want to change the beneficiary to avoid their ex-spouse profiting from their death. If there are no children involved, there are few reasons to keep an ex-spouse as a beneficiary.

In the case of a divorce, the beneficiary can be changed by contacting the insurance company or the employer's HR department for policies provided through an employer. However, some life insurance policies have irrevocable beneficiaries, which means that the policyholder cannot change the beneficiary without their consent. In such cases, the ex-spouse would have the right to a payout upon the policyholder's death, even after a divorce.

To avoid any unexpected payments to an ex-spouse, it is important to review and update beneficiaries on life insurance policies during a divorce. This is especially important if there are children involved, as the policyholder would want to ensure that they are financially protected. Additionally, if there is a child support or alimony obligation, the court may require the supporting spouse to have life insurance in place to secure those payments in the event of their death.

Divorce can be a complex process, and it is important to consider all financial implications, including life insurance policies and their beneficiaries. Seeking legal advice can help individuals understand their rights and obligations during this difficult time.

Can a divorce decree override a named beneficiary?

When a divorce is imminent, it is important to review the beneficiaries of life insurance policies, pension and retirement accounts, and other brokerage accounts. Most married couples have their spouse as the primary beneficiary, and in the event of a divorce, the policyholder will likely want to change this.

In some cases, a divorce decree will override a previously named beneficiary on a life insurance policy. This depends on the state and federal laws that control the policy, and whether the policyholder was married in a community property state. Many states have revocation-upon-divorce laws that automatically eliminate an ex-spouse as a policyholder's beneficiary upon divorce. This means that the policyholder must designate a new beneficiary, otherwise, the death benefits will pay into the estate.

If the policyholder is a child or spousal support obligor, and is under court order to name their support obligees as life insurance beneficiaries, they must do so. If they fail to, those obligees may be entitled to the death benefit, regardless of the named beneficiary. In this case, the named beneficiary must file an interpleader and contest the beneficiary designation.

If the divorce is still pending, and court orders prohibit parties from disposing of property, beneficiaries may not be able to be changed. If the separation agreement states that divorce cancels the ex-spouse's right to life insurance proceeds, they will not be eligible even if a new beneficiary is not named.

In the case of group life insurance policies provided by an employer, the policy is governed by ERISA, which supersedes state law. Under ERISA, a named beneficiary cannot be changed by the act of divorce, and the policyholder must update their beneficiary themselves.

What are the insurance obligations?

Insurance obligations will depend on your current and future insurance needs, as well as the affordability of keeping the policies. If you have children, you will need to ensure they are financially protected. If you are receiving alimony or child support payments, you will need to ensure that these payments are protected in the event of your ex-spouse's death.

If you are the spouse paying alimony or child support, the court may require you to have life insurance in place. If you already have a policy, the opposing attorney may require you to keep it. If you don't have a policy, you may be required to purchase one.

The amount of the policy, who owns it, who pays the premiums, and who the beneficiaries are, will need to be decided between both ex-spouses and their respective attorneys. If you are the spouse receiving alimony or child support payments, you may want to own the policy yourself, so that you can control the payments and naming of beneficiaries.

If you are the spouse paying alimony or child support, you may be able to reduce your insurance coverage over time as you pay. For example, if you are responsible for paying $100,000 in alimony over 10 years, you may only need a 10-year $100,000 life insurance policy. If you have already paid $50,000, you no longer need a $100,000 policy. You could reduce the coverage or add a new beneficiary to receive 50% of the death benefit.

It's important to note that the insurance company will not automatically do this—it's up to the policyholder to make these changes.

Should you buy life insurance on your ex-spouse?

Divorce can be a messy affair, and when it comes to life insurance, it's often overlooked. However, it's an important part of the divorce process, especially if there are children involved. So, should you buy life insurance on your ex-spouse?

Benefits of Buying Life Insurance on Your Ex-Spouse

One of the main reasons to consider life insurance on your ex-spouse is to protect your financial interests and those of any shared dependents. This is especially relevant if your ex-spouse pays alimony or child support. By insuring your ex-spouse, you can ensure that these payments will continue even if they pass away. This provides financial stability and security for you and your children.

Another benefit is protecting your business interests, especially if you and your ex-spouse have shared business ventures. The insurance payout can help you maintain or buy out their share of the business, preventing conflicts or disruptions.

Life insurance on your ex-spouse can also help cover any outstanding debts they may leave behind. Without insurance, you might be left to shoulder these financial obligations alone.

Additionally, life insurance can be part of comprehensive estate planning. It can help preserve assets, ensure equitable distribution of inheritance, and minimise potential tax liabilities.

Legal Considerations

There are several legal aspects to consider when buying life insurance on your ex-spouse:

• Consent: You need the consent of your ex-spouse to purchase a policy on them. This ensures they are aware of and agree to the policy. While you cannot force their consent, you may be able to include it as a requirement in the divorce agreement if you have financial obligations tied to them.
• Insurable Interest: You must prove that you have an insurable interest, which means you would suffer financial hardship if your ex-spouse passed away. This is typically established if you are receiving alimony or child support from them.
• Court-Ordered Life Insurance: During divorce proceedings, the court may order your ex-spouse to maintain a life insurance policy for a specified period, with you as the beneficiary. This ensures that alimony and child support payments are secured.

Factors Affecting Cost

The cost of insuring your ex-spouse will depend on various factors:

• Age: Younger individuals typically face lower premiums due to a lower-risk profile.
• Health and Medical History: Pre-existing conditions or risky health behaviours can increase premiums.
• Lifestyle and Occupation: Engaging in high-risk activities or working in dangerous environments can significantly affect insurance rates.
• Coverage Amount and Term Length: Larger coverage and longer-term policies generally mean higher premiums.
• Type of Policy: Term life insurance is usually more affordable than permanent life insurance.

Challenges and Considerations

Taking out life insurance on your ex-spouse comes with unique challenges:

• Obtaining Consent: If you don't have a cordial relationship with your ex-spouse, obtaining their consent can be difficult. In such cases, seeking legal advice or involving mediators may be necessary.
• Establishing Insurable Interest: You must prove that you have a legitimate reason to insure your ex-spouse's life and that their passing would result in financial repercussions for you.
• Choosing the Right Policy: Different policy types, such as no-exam life insurance, can offer alternatives when traditional policies are not feasible or suitable.
• Beneficiary Arrangements: Choosing the right beneficiaries ensures that the insurance payout is used as intended, such as supporting your children or paying off shared debts.

While it may not be a common practice, buying life insurance on your ex-spouse can provide financial protection and stability, especially if you have shared dependents or financial obligations. However, it's important to carefully consider the legal, financial, and emotional aspects of this decision and seek professional guidance when needed.

How do you handle existing life insurance?

Sorting out life insurance is often overlooked during a divorce, but it's important to handle it correctly to protect the financial interests of both parties and their dependent children. Here's how to handle existing life insurance policies during a divorce:

Review your life insurance policy

It's a good idea to review your existing life insurance policy and consider any necessary changes. Experts recommend reviewing your insurance needs whenever you go through a major personal or financial change, such as a divorce. You'll need to initiate any desired changes by contacting your insurer, as getting divorced won't automatically update your policy.

Determine if your policy is a marital asset

The treatment of life insurance policies in divorce proceedings depends on the type of policy. Term life insurance policies are usually considered separate assets, while the cash value in permanent life insurance policies may be considered joint assets. In the case of permanent policies, the cash value should be listed as a shared asset to be divided between spouses.

Account for cash value

If your life insurance policy has accumulated cash value, you and your spouse may decide to terminate the policy and divide the cash value equally. Alternatively, you may negotiate to keep the policy, but this could require you to maintain your spouse as the beneficiary, depending on the terms of your divorce.

Protect alimony and child support

If you'll be receiving alimony or child support payments following your divorce, consider getting a life insurance policy on your former spouse to protect this income. This will ensure that you'll continue to receive the financial support you're relying on, even if your ex-spouse passes away. However, you'll need your ex-spouse's consent to set up this type of policy.

Re-designate beneficiaries

Depending on the divorce settlement, you may need to rename the beneficiaries of your life insurance policy. Many couples will change the beneficiary from their ex-spouse to their children or create a trust to handle the proceeds of the policy. If your children are minors, consider appointing an adult custodian or trust to receive and manage the benefits on their behalf. Keep in mind that beneficiaries cannot be changed after the insured's death, so it's important to keep your policy up to date.

Discuss duration and payment of coverage

The duration of obligatory life insurance coverage will vary, often depending on the length of court-ordered alimony and/or child support payments. Discuss with your insurance agent about a term policy that can help meet these financial obligations. Additionally, decide who will pay the premiums for the policy. While having your ex-spouse pay may be convenient, there is a risk of default. To mitigate this, you can include payment responsibility in your divorce agreement or add yourself to the policy record to receive duplicate billing and lapse notices.

Frequently asked questions