Can my ex wife have a life insurance policy on me?

Asked by: Antonina Willms  |  Last update: January 19, 2026
Score: 4.4/5 (40 votes)

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.

Can I keep a life insurance policy on my ex-wife?

There is nothing which prevents an ex spouse from retaining the insurance policy with the other ex as the beneficiary. Since all that needs to be shown is that there was an insurable interest at the time the policy was issued, there is no legal prohibition from keeping the policy after divorce.

How to find out if my ex wife has a life insurance policy on me?

There are several ways to find someone's life insurance policy, including:
  1. Using Life Policy Locators from NAIC, MIB Group, or NAUPA.
  2. Reaching out to financial contacts.
  3. Combing through old documentation.
  4. Submitting a request to state registries.
  5. Reaching out to the life insurance company directly.

How does life insurance work when you get divorced?

Life insurance policies generally remain in effect during and after divorce, but it's important to review and potentially update them, adjust coverage, and beneficiaries, and consider policies related to child support or alimony.

Can you get life insurance on your spouse without their consent?

You can't take out a policy on just anyone. You need to have the individual's permission (you can't get a policy on someone without them knowing), and you must be able to show insurable interest -- proof that you will suffer financially if they die.

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24 related questions found

Can someone take out a life insurance policy on you without you knowing?

Lack of Consent: Legally, you cannot take out a life insurance policy on someone without their knowledge and explicit consent.

Does life insurance beneficiary override the spouse?

A life insurance beneficiary designation usually overrides a current spouse or a will. Spouses in community property states must split the death benefit with the named beneficiary. Review (and update) your beneficiaries any time your situation changes.

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.

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 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.

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.

Is there a way to tell if someone has a life insurance policy on you?

The best way is to contact the policy's issuer (the life insurance company). Their records are key: even if you see your name listed on an old policy document, the deceased may have changed their beneficiaries (or the allocation of benefits among those beneficiaries) after that document was printed.

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 states revoke beneficiary rights upon divorce?

States with Automatic Revocation Upon Divorce
  • Alabama.
  • Alaska.
  • Arizona.
  • Colorado.
  • Florida.
  • Hawaii.
  • Idaho.
  • Iowa.

What are the rules for beneficiaries of life insurance?

Your beneficiary can be a person, a charity, a trust, or your estate. Almost any person can be named as a beneficiary, although your state of residence or the provider of your benefits may restrict who you can name as a beneficiary. Make sure you research your state's laws before naming your beneficiary.

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 life insurance be part of divorce settlement?

Court-ordered life insurance and divorce settlements

It's become common for courts to require divorcing spouses to purchase life insurance policies as part of the settlement. This is often the case when one spouse earns significantly more than the other or when young children are involved.

Do I have to report my divorce to my employer?

However, since a divorce will have an effect on some aspects of your working life, telling your boss is often necessary. If you run into problems balancing your divorce case with your regular work duties, it's time to get an attorney.

Who pays for a cobra after divorce?

COBRA may allow you to buy in to the group policy for a period of time after divorce but 100 percent of the premium cost will need to be paid (the employer will no longer subsidize part of your premiums when you have divorced your working spouse).

Can my ex-wife claim my life insurance?

Life insurance may be a marital asset, depending on the type of policy you have. If you have a permanent plan like whole or universal life insurance, it's considered a marital asset since it has a cash value component. Since a term life insurance policy doesn't come with cash value, it's not considered a marital asset.

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.

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.

Does life insurance automatically go to your spouse?

If you named a contingent beneficiary, this beneficiary will receive your benefit. If you did not name a contingent beneficiary The Standard will pay the benefit according to the “policy order.” This means your surviving spouse will be paid the benefit as the first person listed in the order.

Does divorce revoke a life insurance beneficiary?

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.

Can my husband take out life insurance on me without my permission?

A third party can't take out a life insurance policy on you without your knowledge and consent.