Is my ex husband entitled to my life insurance?

Asked by: Judson Kunde  |  Last update: August 9, 2025
Score: 4.3/5 (2 votes)

How life insurance works during and after a divorce. If you have a life insurance policy, you can maintain it to help provide financial support for your ex-spouse or children. In the event that the plan has a cash value component, it may be considered a marital asset and divided among you and your ex.

Can an ex-wife claim a life insurance after divorce?

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.

Is it legal to keep my ex-wife on my health insurance?

Once you are divorced, you can no longer keep your ex-wife on your insurance. However, she does have the right to continue on the insurance through COBRA for up to 36 months. Usually this is at her own cost but you could work something out with her.

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.

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.

“Should I Take Out A Life Insurance Policy On My Ex-Husband?”

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Can you look up if someone has a life insurance policy on you?

You might want to contact the National Association of Insurance Commissioners (NAIC) for their free Life Insurance Policy Locator Service, which looks for policies on the databases of many insurance companies. Another great resource could be your state's Department of Insurance (DOI).

How do you know if you're the beneficiary of someone's life insurance?

The easiest way to learn if you are a life insurance beneficiary is to talk to the policyholder if they are still alive. They can tell you whether you're a beneficiary and provide information necessary to claim the death benefit when they pass away.

Does life insurance automatically go to spouse?

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. The other 50% would go to the named beneficiary.

What happens if my husband dies without life insurance?

Loved ones might have to take out a loan or arrange a payment plan with the funeral home, or even launch a crowdfunding campaign. If no one steps forward to pay, it's possible the coroner's office will bury or cremate you without a family service.

Can you find a life insurance policy by social security number?

In your web browser, navigate to naic.org, hover over Consumer, and click Life Insurance Policy Locator under Tools. Submit a search request by entering the deceased's information from the death certificate: Social Security number. Legal first name.

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.

Is separation a qualifying life event?

There are a few household changes that will trigger a QLE, such as: Getting married, separated, or divorced. Having a baby, adopting a child, or receiving a foster child. Experiencing the death of someone on your health insurance policy.

How does Cobra work after divorce?

A covered employee's spouse who would lose coverage due to a divorce may elect continuation coverage under the plan for a maximum of 36 months. A qualified beneficiary must notify the plan administrator of a qualifying event within 60 days after divorce or legal separation.

How is life insurance handled in a divorce?

What happens to life insurance upon divorce? Every state is different, but any life insurance purchased during the marriage could be considered marital property. If so, your policy – and any built-up cash value – will typically be counted in with all your other assets that must be divided upon divorce.

Who loses the most in a divorce?

Statistics show that while women initiate divorce almost twice the rate that men do, women are also much more likely to greatly struggle financially after divorce. This is particularly true if children are involved.

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.

Does everything automatically go to a spouse after death?

While some marital assets pass by default to the surviving spouse, some assets pass to the surviving spouse by way of beneficiary designations. There are two types of designations: payable-on-death (POD) designations and transfer-on-death (TOD) designations.

Why shouldn't you always tell your bank when someone dies?

If you contact the bank before consulting an attorney, you risk account freezes, which could severely delay auto-payments and direct deposits and most importantly mortgage payments. You should call Social Security right away to tell them about the death of your loved one.

Who inherits life insurance if there is no beneficiary?

When life insurance does not have a beneficiary, the death benefit is part of your estate. Without a living trust, your estate goes through probate and is subject to fees, taxes and delays.

Can my ex wife get my life insurance?

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 a wife override a beneficiary?

So the answer is no, unless the beneficiary is changed, that is who will receive the money upon the account owner's death, regardless of a divorce.

Who does life insurance automatically go to?

Life insurance payout

We will make a payment directly to the legal owner of the policy, unless that person is deceased, in which case it will be paid to their personal representative, usually the executor of their will.

What disqualifies life insurance payout?

Life insurance proceeds can be denied. Some denials are legitimate, like in case of policy lapses, material misrepresentations, or exclusions in the form of illegal activities or war. In other cases, bad-faith insurers use elaborate methods to reject claims so they do not have to pay the proceeds.

Can you look up if someone has a life insurance policy?

If you suspect that a loved one had a life policy, the National Association of Insurance Commissioners (NAIC) has created a Life Insurance Policy Locator service to help consumers locate benefits from life insurance policies or annuity contracts purchased anywhere in the United States.

Does life insurance go to next of kin or beneficiary?

If no beneficiary is named in the policy, the terms of the policy itself will dictate where the proceeds should go, such as to the insured's next of kin or into their estate, where it will be distributed according to the insured's estate plan or California laws of intestacy if the insured left no will.