Divorce and Life Insurance: 5 Critical Things to Know (2024)

When you are setting up your new life during a divorce, life insurance may not be the most pressing thing on your mind (ahem, we suspect it’s not on your mind at all!) and yet it plays a crucial role. Many of us don’t understand life insurance, nor recognize how necessary it is for protecting us in the future. It’s especially important to understand how divorce and life insurance go hand in hand before you finish negotiating your divorce settlement. We will give you a quick “Life Insurance 101” here, but you’ll definitely want to consult with a vetted insurance broker to make sure you have optimized your plans for the future.

What is life insurance and why do I need it?

If you are working and supporting a family, it’s important to have life insurance coverage. If you should pass away unexpectedly and the income your family relies on is suddenly no longer there … well, you see the problem. Life insurance would provide your family money to essentially replace what you would have made in salary. There are basically two kinds:

Term: This is for a designated number of years (10, 20, 30, etc.) If you pass away while term life is in effect, your beneficiary (ies) will collect the money in a lump sum. It’s a “use it or lose it” sort of policy.

Permanent: This policy is for a lifetime (and usually significantly more expensive). There are different types of permanent insurance including universal and whole. Which one you choose depends entirely on your needs and situation. (Again it’s best to talk with an insurance professional to decide.).

Why do divorce and life insurance go hand in hand?

If you are relying on maintenance (alimony) and/or child support payments from your ex to make ends meet, what would you do if something unexpectedly happened to him and he passed away? Getting a life insurance policy on your ex ensures that you would be able to manage financially should something happen to him. By the same token, if you are working, having life insurance on yourself ensures that you would be leaving your family with some money to replace your salary, should something happen to you.

On a related topic — please forgive our bluntness — what if one or both of you don’t die but get hurt badly enough that you can no longer work and earn a living? You should know that life insurance does not help in that situation. In that case you need to have something called “disability insurance”, another type of insurance you really need to understand and consider having in your divorce settlement. Disability insurance is essentially the same thing but it helps in the event of illness or injury. For the purpose of this article we’ll stick to divorce and life insurance (and address disability insurance in a later article).

So what are the 5 critical things to know about divorce and life insurance?

Divorce and Life Insurance: 5 Critical Things to Know (1)

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1. Securing life insurance does not happen quickly

Life insurance takes some time (several weeks to months) to secure, so it’s important that you start the conversation early in your divorce negotiations. The insurance company needs time to evaluate your case in order to determine if they will offer you coverage and at what rate. This is based on your medical history (medical records or a physical exam may be needed) and your financial history (they may request a current credit report or financial statements for example).

2. You need the right amount of insurance

The amount of protection you need must be evaluated by a pro. Your attorney will make suggestions based on spousal and/or child support to help you protect yourself and your family from the unforeseen. However, it’s always wise to consult with a good insurance broker to hear their professional estimates.

It’s important to consider other factors, such as your current income, earning capability and your current and future financial needs of the family. A trained insurance broker can help you think about other considerations such as education funding and retirement and pension considerations … things your attorney may not consider but may make a big difference in your situation.

3. You have to figure out how long you will be required to keep it

You will negotiate into your divorce settlement how long you and/or your spouse are required to carry the coverage, which is why it’s important to get educated before the divorce document is signed. Again, it’s best to not simply reply on what your lawyer says but to diversify your knowledge base by talking with your insurance broker.

4. You will need to decide on a beneficiary

The beneficiary is the person you designate to receive the money should death occur. Who the beneficiary (or beneficiaries) is should be predetermined in your divorce settlement. It’s also important to be specific in the policy about who owns it, who is required to pay the premiums, and who is allowed to change the beneficiary should the need arise.

5. It’s important to compare policies and prices

Do not simply go with the cheapest rate (or allow your ex to talk you into that) because it’s important to understand what the policy provides for you and that, should anything happen, the company will take good care of you and the kids. This is not something you can just Google. You need a neutral party — a trained insurance consultant — to do that homework for you and present you with options.

We know, it seems a little grim to be talking about people dying or getting sick or injured but the reality is, we don’t know what life will throw at us. We doubt you saw the divorce in your future, back when you got married, so we don’t want you to be naïve as you negotiate your divorce settlement. This settlement is your financial future near and far, well into your retirement. Thinking about divorce and life insurance is a very strategic way to provide for your family now, should things take a turn later.

Did this article bring up questions for you? Jot them down and contact insurance expert, Lisa Horowitz, CLU, ChFC, who for nearly 30 years, has been dedicated to helping women understand how insurance can help them in every area of life including divorce, business and estate planning, retirement, life-altering illness, and caring for elderly parents. If you mention SAS for Women, Lisa will talk to you for 30 minutes for free, no matter which state in the USA you live. You can reach her at (718) 352-1311 or lhorowitz@insureclu.com

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Divorce and Life Insurance: 5 Critical Things to Know (2024)

FAQs

Divorce and Life Insurance: 5 Critical Things to Know? ›

The most equitable thing to do is to list the life insurance policy, including its cash value, among the marital assets to be divided. In a divorce in which assets are divided evenly, this means each spouse leaves the marriage with half the cash value from the policy.

How to divide life insurance in a divorce? ›

The most equitable thing to do is to list the life insurance policy, including its cash value, among the marital assets to be divided. In a divorce in which assets are divided evenly, this means each spouse leaves the marriage with half the cash value from the policy.

Can you keep a life insurance policy on a spouse after divorce? ›

You typically can't keep life insurance on an ex-spouse. Many states will prohibit you from being the policy owner because, as a divorced person, you no longer have an "insurable interest" in your ex.

Does a divorce decree override a life insurance 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 will receive the payout upon the policyholder's passing, regardless of a divorce.

Can an ex-wife still be a beneficiary? ›

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.

How is life insurance handled in divorce? ›

Unlike term life insurance, which is often considered a separate asset in a divorce, the cash value of a permanent life insurance policy could be considered a joint asset — part of your net worth as a couple. The court could ask you to provide the cash value of the policy.

What states revoke beneficiary rights upon divorce? ›

States with Automatic Revocation Upon Divorce
  • Alabama.
  • Alaska.
  • Arizona.
  • Colorado.
  • Florida.
  • Hawaii.
  • Idaho.
  • Iowa.
Dec 8, 2023

Is an ex-wife considered a surviving spouse? ›

To qualify as a surviving divorced spouse, you must meet the conditions below: Be at least age 60. Were married for at least 10 years. Have evidence of a finalized divorce.

Is my ex-wife still listed as a beneficiary on my 401k? ›

Separations – Although you and your spouse may be separated, until you are legally divorced, your spouse must still be the beneficiary of your account. Divorce – Upon divorce, you must change the beneficiary listed on your account.

What rights does an ex-wife have after death? ›

A surviving ex-spouse may qualify to become Personal Representative if he or she becomes Conservator for the deceased spouse's children. The surviving ex-spouse may also qualify as a creditor if the deceased spouse still owes money or other obligations under the divorce decree.

Can creditors go after life insurance proceeds? ›

Creditors will not be able to take the death benefit payout for your life insurance policy unless you leave the money to your estate. If you name other people as your beneficiaries, the money will go to them and the creditors won't have access to it.

What happens if you forget to change beneficiary after divorce? ›

Your beneficiary designations take precedence so even if you have updated your will, if your ex is still the named beneficiary of your life insurance policy, your retirement plan, or your personal investments, they'll automatically be entitled to those assets.

Can creditors go after beneficiaries life insurance? ›

Creditors cannot come after life insurance when paid to a beneficiary. Your beneficiaries can spend the death benefit money however they want.

Can I get my ex husband's Social Security if he died? ›

A surviving spouse, surviving divorced spouse, unmarried child, or dependent parent may be eligible for monthly survivor benefits based on the deceased worker's earnings. In addition, a one-time lump sum death payment of $255 can be made to a qualifying spouse or child if they meet certain requirements.

Can a wife override a beneficiary? ›

If one spouse purchases term life insurance coverage, the other spouse is generally the beneficiary unless another is specified. If there is a beneficiary other than the spouse, the spouse cannot override it. However, they are usually entitled to half the death benefit because the law splits community property in half.

Is my ex wife still listed as a beneficiary of my IRA? ›

Generally, when a divorce occurs, it is also time to change the primary beneficiary of an IRA. Sometimes, however, it may be stipulated as part of the divorce agreement that the ex-spouse remains the beneficiary. Barring that, a new heir should be found. If there are any children, they might fill the bill.

How do you split life insurance money? ›

Yes, you can designate multiple beneficiaries when you purchase your life insurance policy. When doing so, you will assign each beneficiary a percentage of the death benefit. For example, you could name your two children as equal beneficiaries with 50% allocated to each.

What can life insurance be divided into? ›

What are the most common types of life insurance?
  • Term Life Insurance or Term Plan.
  • Whole Life Insurance.
  • Unit Linked Insurance Plan (ULIP)
  • Endowment Plan.
  • Money Back Plan.
  • Retirement Plan.
  • Child Insurance Plan.
  • Group Insurance Plan.

Does life insurance have to be split between siblings? ›

Life insurance policies allow policyholders to choose who will receive the death benefit upon their passing. This means that if you and your siblings have been named as beneficiaries on the same policy, each of you will be entitled to a portion of the proceeds.

How do I change the beneficiary of my life insurance during a divorce? ›

If there are no children involved, and you are not ordered to maintain insurance as part of spousal support, you can change the beneficiary on your policy by contacting the insurance company or your employer's HR department for policies provided through an employer.

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