Can I take out a life insurance policy on my ex husband?
Asked by: Anabelle Bradtke V | Last update: November 16, 2025Score: 4.7/5 (24 votes)
Can I take out life insurance on my ex-spouse?
Yes, you can take out a life insurance policy on your ex-spouse if there is an insurable interest such as maintenance (alimony) and/or child support and your ex agrees to sign the application and go through underwriting.
Can I get life insurance on my husband if we are separated?
Typically, you can't keep life insurance on your ex-spouse. This is because many states believe that you don't have an insurable interest in your ex anymore. But if there is an insurable interest because your ex must pay alimony, for example, you might be able to keep the policy.
What happens to life insurance if divorced?
Understanding Life Insurance & Divorce
Life insurance is one more factor you'll likely want to pay attention to as you go through the process. In general, any life insurance policy you or your former spouse have will remain in effect as is. Divorce may not change that.
Can an ex-wife still be a beneficiary?
In many cases, a divorce decree doesn't change a beneficiary designation. This means that unless the policyholder changes the beneficiary, that individual or entity may receive the payout upon the policyholder's passing, regardless of a divorce.
“Should I Take Out A Life Insurance Policy On My Ex-Husband?”
Is an ex-spouse entitled to anything after death?
Can an Ex-Spouse Inherit From the Decedent's Estate? Once a divorce is finalized and assets have been divided between the former spouses, the ex-spouse will generally have no right to an inheritance from their ex-spouse's estate if their ex-spouse dies.
Does a divorce decree override a life insurance beneficiary?
Beneficiaries of a life insurance policy may be the spouse from whom you are separating, as well as your children. The general rule is that in many states divorce does not affect a beneficiary designation in a life insurance policy, however, in some states it does.
Is whole life insurance protected from divorce?
For instance, if you have a whole life or universal life insurance policy with a cash account, it is typically treated as an asset of the marriage. On the other hand, term life insurance policies don't have cash value and usually aren't counted as marital assets in divorce settlements.
What states revoke beneficiary rights upon divorce?
- Alabama.
- Alaska.
- Arizona.
- Colorado.
- Florida.
- Hawaii.
- Idaho.
- Iowa.
How do I find out if my ex-husband had life insurance?
Search with the National Association of Insurance Commissioners (NAIC): NAIC has an online Life Insurance Policy Locator Service that uses the deceased's name to search the records of participating life insurance companies. This service is free, confidential, and easy to use.
How long can you stay on spouse's insurance after divorce?
The spouse and any dependent children also may be eligible to continue their existing health coverage for up to 36 months. The plan should notify them of their right to purchase extended health care coverage under COBRA.
Can my husband take out life insurance on me without my permission?
Lack of Consent: Legally, you cannot take out a life insurance policy on someone without their knowledge and explicit consent.
Does a will override a divorce decree?
Property Left to a Former Spouse
For example, California law (Probate Code § 6122) states that: "Unless the will expressly provides otherwise, if after executing a will the testator's marriage is dissolved or annulled, the dissolution or annulment revokes …
Can my ex wife still be on my insurance?
Once the divorce is finalized, you won't be considered a family member anymore and won't be covered on the plan, says Katz. You'll have to find new insurance coverage and pay your own premium.
Can you change your beneficiary after divorce?
You need to get the facts about what the law is in your state and you also need to find out what you can do to protect yourself moving forward.” Once your divorce is final, you can change your beneficiary designations as long as they follow the settlement agreement you made with your ex-spouse.
Is my wife entitled to my life insurance?
If the insured purchased term life insurance during the marriage and dies while married, the entire policy is considered community property, giving the spouse 50% of the death benefit if income earned during the marriage was used to pay premiums.
What can override a life insurance beneficiary?
A will cannot override a beneficiary designation because the policy is a contract between the person who purchases it and the issuer. The only way anyone can override a beneficiary other than the policyholder is if a court determines there's a conflict between named beneficiaries and state laws.
Is my ex wife still listed as a beneficiary on my 401k?
Divorce – Upon divorce, you must change the beneficiary listed on your account. Otherwise, your ex-spouse will receive your 401(k) funds upon your death as the named beneficiary. Re-marriage – Should you get remarried, your new spouse is legally the beneficiary.
Can an ex-spouse remain beneficiary?
In addition to settlement agreements, when it comes to certain legal and financial documents, such as wills and insurance policies, an ex-spouse or his or her family may remain beneficiaries despite a divorce having been finalized.
Can my ex husband take out a life insurance policy on me?
In certain situations, it's possible to take out a life insurance policy on an ex-spouse. You'll just need to prove insurable interest, which shows that you rely on them financially. Alternatively, the court may order your ex to name you as the beneficiary on their life insurance policy for a specified amount of time.
Can an ex-wife collect life insurance benefits?
If you own the policy and you're not financially supporting your ex-spouse after the divorce, you can likely remove them as your policy's beneficiary. If you're on the hook for alimony or child support, a judge may require you to keep your ex-spouse as a beneficiary so support continues if you were to die.
Can whole life insurance be borrowed against?
You can only borrow against a whole life insurance policy or a universal life insurance policy. Policy loans reduce the death benefit if not paid off. Life insurance companies add interest to the loan balance, which if unpaid can cause the policy to lapse. Only permanent life insurance builds cash value.
What happens to a life insurance policy when you get divorced?
Is My Ex-Spouse Entitled to My Life Insurance? Unless your life insurance policy is owned by your ex (or co-owned), term life insurance policies are usually shielded from the divorce process. The cash value in permanent life insurance, however, may be considered part of the joint estate.
Which states revoke a person's beneficiary rights upon divorce?
Currently, about 23 states, including California, have statutes requiring revocation of non-probate asset beneficiary designation upon divorce, meaning that upon divorce, ex-spouses are automatically removed as beneficiaries on such assets as a matter of law.
Is a divorce decree still valid after death?
Understanding Divorce Decrees Post-Death
A divorce decree remains valid and enforceable even after a person dies. At its heart, if one person involved in a divorce dies, the rules about splitting property, alimony, child custody, and other issues in the divorce agreement still apply.