My mom had been the beneficiary to dad's policy. Will the insurer deny paying now, since they are divorced? Can his second wife claim the amount?
Total Comments: 3
Posted: Fri Jan 11, 2013 09:36 pm Post Subject:
It depends on whether the insurance is group or individual and what state this involves if it is individual insurance.
If it is group insurance, the benefit plan document will usually control the disposition of the life insurance proceeds. But a divorce order could say something superior to that.
Not enough information here to give you a definitive answer.
Posted: Mon Jan 14, 2013 07:38 am Post Subject:
It wasn't a group plan. Dad had an individual policy in Phoenix,Arizona. I have shifted with mom to Texas.
Posted: Mon Jan 14, 2013 07:57 pm Post Subject:
Arizona, like Texas, revokes the ex-spouse as a "survivor" of their former husband or wife. The marriage is dead, so too is the ex-spouse. The policyowner has the right to rename anyone, including a former spouse, as the beneficiary. However, if the divorce court is petitioned to maintain the right of a spouse as life insurance beneficiary, this court order supersedes the Probate Code.
Here is the text of Arizona Revised Statutes Section 14-2802. Effect of divorce, annulment and decree of separation
A. A person who is divorced from the decedent or whose marriage to the decedent has been annulled is not a surviving spouse unless, by virtue of a subsequent marriage, that person is married to the decedent at the time of death. A decree of separation that does not terminate the status of husband and wife is not a divorce for purposes of this section.
B. For the purposes of this section, "surviving spouse" does not include:
1. A person who obtains or consents to a final decree or judgment of divorce from the decedent or an annulment of the marriage if that decree or judgment is not recognized as valid in this state, unless they subsequently participate in a marriage ceremony purporting to marry each to the other or live together as husband and wife.
2. A person who, after an invalid decree or judgment of divorce or annulment obtained by the decedent, participates in a marriage ceremony with a third person.
3. A person who was a party to a valid proceeding concluded by an order purporting to terminate all marital property rights.
Posted: Fri Jan 11, 2013 09:36 pm Post Subject:
It depends on whether the insurance is group or individual and what state this involves if it is individual insurance.
If it is group insurance, the benefit plan document will usually control the disposition of the life insurance proceeds. But a divorce order could say something superior to that.
Not enough information here to give you a definitive answer.
Posted: Mon Jan 14, 2013 07:38 am Post Subject:
It wasn't a group plan. Dad had an individual policy in Phoenix,Arizona. I have shifted with mom to Texas.
Posted: Mon Jan 14, 2013 07:57 pm Post Subject:
Arizona, like Texas, revokes the ex-spouse as a "survivor" of their former husband or wife. The marriage is dead, so too is the ex-spouse. The policyowner has the right to rename anyone, including a former spouse, as the beneficiary. However, if the divorce court is petitioned to maintain the right of a spouse as life insurance beneficiary, this court order supersedes the Probate Code.
Here is the text of Arizona Revised Statutes Section 14-2802. Effect of divorce, annulment and decree of separation
A. A person who is divorced from the decedent or whose marriage to the decedent has been annulled is not a surviving spouse unless, by virtue of a subsequent marriage, that person is married to the decedent at the time of death. A decree of separation that does not terminate the status of husband and wife is not a divorce for purposes of this section.
B. For the purposes of this section, "surviving spouse" does not include:
1. A person who obtains or consents to a final decree or judgment of divorce from the decedent or an annulment of the marriage if that decree or judgment is not recognized as valid in this state, unless they subsequently participate in a marriage ceremony purporting to marry each to the other or live together as husband and wife.
2. A person who, after an invalid decree or judgment of divorce or annulment obtained by the decedent, participates in a marriage ceremony with a third person.
3. A person who was a party to a valid proceeding concluded by an order purporting to terminate all marital property rights.
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