| On-line Life Insurance Quotes: |
 | Do you need life insurance for your divorce? Get your term life insurance rate quote today! That's right! Find out the lowest rate, and don't pay up to 80% more than you should! Use your computer to compare hundreds of companies through BudgetLife! Click Here for an On-line Insurance Quote |
Life Insurance & Divorce: The Effect of Distribution of the Policy Itself on the Right to Proceeds As Beneficiary:
Several courts considering this issue have held that a dissolution court's division of the parties' life insurance policies does not, by itself, affect a beneficiary interest; rather, some additional language addressing this expectancy interest is required or the beneficiary spouse must have waived this interest as part of a stipulation or settlement. Christensen v. Sabad, 773 P.2d 538, 540 (Colo. 1989) (en banc) (holding award of life insurance policy to decedent husband in dissolution proceeding did not extinguish ex-wife's expectancy as a beneficiary of the policy); In re Estate of Schleis, 97 N.M. 561, 642 P.2d 164, 165 (1982) (holding "divorce decree granting the insured spouse ownership of [life insurance] policies does not, by itself, sever the beneficiary interest of former spouse"); Lewis v. Lewis, 693 S.W.2d 672, 674 (Tex. App. 1985) (holding designation of wife as beneficiary not affected by divorce decree granting husband "any and all policies of life insurance"); Aetna Life Insurance Co. v. Wadsworth, 102 Wash. 2d 652, 689 P.2d 4 (1984) (division of community property does not work to divest spouse of beneficiary interest, which is not community property); Bersch v. VanKleeck, 112 Wis. 2d 594, 334 N.W.2d 114, 117 (1983) (holding divorce decree awarding insurance policies to husband dealt with ownership interest only and did not affect ex-wife's beneficiary interest).
On the other hand, some courts have held that a decree granting one spouse ownership of a life insurance policy terminates the other spouse's rights as beneficiary. Matter of Estate of Dobert, 192 Ariz. 248, 963 P.2d 327 (Ct. App. 1998) (wife had no expectation of benefits when divorce decree awarded husband his life insurance policy); Larsen v. Northwestern National Life Insurance Co., 463 N.W.2d 777 (Minn. Ct. App. 1990); Estate of Keeton v. Cherry, 728 S.W.2d 694 (Mo. Ct. App. 1987); McDonald v. McDonald, 632 S.W.2d 636 (Tex. App. 1982); Novotny v. Wittner, 731 S.W.2d 103 (Tex. App. 1987).
© National Legal Research Group, Inc.
When a divorce decree awards a life insurance policy to one spouse as an item of property, the question arises as to whether the award to the one spouse divests the other spouse of rights as named beneficiary. See generally Annotation, Divorce Decree Purporting to Award Life Insurance to Husband as Terminating Wife-Beneficiary's Rights Notwithstanding Failure to Formally Change Beneficiary, 70 A.L.R.3d 348 (1976 & Supp. 1999).
| On-line Life Insurance Quotes: |
| | Do you need life insurance for your divorce? Get your term life insurance rate quote today! That's right! Find out the lowest rate, and don't pay up to 80% more than you should! Use your computer to compare hundreds of companies through BudgetLife! Click Here for an On-line Insurance Quote |
| On-line Dental Plan Quotes: |
 | A selection of 30 Nationwide and regional discount dental plans. With the most dentists in combined networks anywhere, several discount dental plans may be available in your area (find plans). You can use our unique search tools to compare the savings and features of each plan before deciding which is the best plan for you. Click Here for an On-line Dental Plan Quote |
| Featured Download Manuals: | The Download Center |
| Featured Books: | The Divorce Bookstore |
| Related Research Center Categories: | Helpful Services: | ||
| Children's Rights Employee Benefits | Military Benefits | Life Insurance | Find Divorce Professionals Divorce Store Categories State Guidebooks & Forms Prepared Divorce Forms Support Calculations The Divorce Record Keeper Locate Missing People |
| Divorce Tip: # 32 Alimony and Child Support obligations are debts which cannot be avoided by a Declaration of Bankruptcy. Sponsored by: Pension Appraisers, Inc. |
| The Research Center: (Divorce Cases of Interest) | Research Home | ||||
Find Case Law, Case Analysis, and Divorce Information...
| |||||
Copyright© 1996-2008. All rights reserved by Divorce Source, Inc.
Comments & Suggestions? or Recommend This Page to a Friend!