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How does life insurance work for an ex-spouse 2021?

Taking out life insurance on your ex-spouse is the last thing you would ever consider doing when you divorce.

After all, what would it be like to have a life insurance policy on a person that you are permanently different from?

  life insurance on ex-spouse

Surprisingly, having a life insurance on your ex-spouse has an advantage; although it is sometimes ordered by the court, it is quite important.

Often, life insurance for a former spouse would be used to secure an insurable interest such as maintenance or upkeep. This article examines what life insurance for a former spouse looks like.

Can I get life insurance for my ex-husband or ex-husband?

Although life insurance on an ex-spouse may make sense to you, there are rules for it. And it can be as complicated or as simple as you make it.

You are probably in the same situation and do not know what life insurance rights you and your ex-spouse will have.

Below are some rules for getting life insurance for an ex-spouse.

Court Decisions Life Insurance

Many times when divorce ends in bitterness, and it is understandable when a person is not willing to get a life insurance policy on their ex-spouse.

Under a divorce agreement, the court may order you to purchase insurance from your ex-spouse so that if you die before paying the full amount required for maintenance or child support, the insurance proceeds would be used to complete the remaining amount.

This is called court life insurance.

When a Former Spouse Can Collect Life Insurance Revenue

If a Former Spouse is still the recipient of the Life Insurance Policy, they will receive the revenue unless the insurance is canceled or the recipient is changed.

If the ex-spouse is the name of the beneficiary at the death of the policyholder, the insurer pays out to them.

In some cases, a court decision may require a former spouse who has received the life insurance recipient.

When an ex-spouse is unable to collect life insurance

Some insurances have clauses prohibiting an ex-spouse from receiving life insurance benefits.

Some states have also introduced laws to prevent the same. As long as the two persons are separated, the named recipient will not receive the benefits.

This is often to prevent conflicts among family members and to reduce life insurance fraud.

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Can I keep my previous life insurance?

Will it be a good idea to keep your previous life insurance? After divorce, there may be a need to buy a new life insurance policy or update an existing one that you had with your ex-spouse.

If it is an existing joint life insurance, you may need to separate it. Unfortunately, this option is only available from certain insurers, so it may not apply to you if your insurer does not offer it.

The good thing is that you can still work around it and either cancel it or take it over while your ex-spouse buys a new one.

If you choose to cancel and purchase a new one, the premiums will not be the same due to age issues and any health issues.

It would be an advantage if you had separate life insurance policies at the time of divorce. This way, you can keep the policy and continue to pay the premiums for the original amount of coverage.

The only problem is if it does not provide sufficient coverage for your needs as many things will change after divorce.

However, you can purchase another policy to supplement the coverage of the existing one.

So what's the point of having life insurance after divorce?

Life Insurance After Divorce

If you are going to buy a life insurance after divorce, there are some tips to keep in mind.

First you need to determine how much coverage you need and for what period. This depends on how much maintenance or child allowance is needed.

For example, if $ 10,000 is needed for child support for 5 years, you will need to purchase a life insurance policy that extends within that time period and offers equal or slightly more coverage.

There is also a need to reappoint the recipient, especially if the one mentioned earlier was your ex-spouse.

Do not forget to go through the agreement carefully so that you understand what you are getting into.

Why you need life insurance after divorce

There are some cases where you may need to take out life insurance for your ex-spouse; This is usually when there is an insurable interest. Here is everything you need to know about life insurance for maintenance and upkeep.

Life insurance for child support

Life insurance is an excellent way to secure child support and ensure their continuity in the event of the paying parent's death or when they pay out. It is necessary for parents to pay for the support of their children even after a divorce. And even if custody of the children is not given to the parent providing, they will have to pay child support to the custodian. This is a way to realize the goals they set for the children during their marriage. For example, to ensure that the children receive the best education or to support a certain lifestyle for the children.

The child allowance may be required for a longer period if the children, when the divorce is decided, are very young. The biggest problem in such cases is how to ensure that payments continue even after the paying parent's death, and this is where life insurance comes in. And one of the biggest problems is, & # 39; Who should you name as the beneficiary of the insurance? “Here are the options;


You end up with the divorce settlement, but you realize that your soon-to-be ex-spouse is still the recipient of your existing life insurance policy. You may not have had a policy before and decided to charge one to secure child support. However, you should not name your child as a policy recipient, as this can prove to be a very expensive process in the future.

Every state has laws that believe that a minor has reached the age of majority. In most cases, when a child turns 18, they are considered majority age. Life insurance income is therefore not paid directly to the minor (under 18 years) instead. The court will be forced to appoint a guardian who will receive the money on behalf of the child until they turn 18 years old.

The court-appointed guardian may be your ex-spouse, and this would be a problem if you do not want the funds to go to your ex-spouse for various reasons. In addition, the court will appoint the person it deems appropriate for the liability. Once they have reached the majority age, the remaining income will be given to them, and at that age they may not be mature and responsible enough with the money. As such, you may want to reconsider appointing your child as the policy recipient.


According to the Uniform Transfer to Minor Act, a guardian is a better alternative to appoint as a beneficiary. When you appoint a guardian as an insurance recipient, it does not mean that they are entitled to the income. they only accept them on your child's behalf. So the only difference is that the income is not made directly to the child but instead to the guardian who gives it to them.

So the named guardian keeps the income for the child before it is automatically transferred to them when they reach a certain age.


If the paying parent dies, the surviving ex-spouse has a moral obligation to use the life insurance to support their children, just as required by the divorce agreement. Unfortunately, these incomes are exposed to the ex-spouse's creditors and can be affected if the former spouse is declared bankrupt. The second disadvantage is that there is no assurance that the ex-spouse who is exploited will use the proceeds to finance the child's lifestyle and education.

Another concern is whether the trust or ex-spouse should own the policy. The paying parent can change the recipient if they are the owner of the police, but having the recipient as the owner helps to alleviate this problem.

Life Insurance for Maintenance Allowance

During divorce and separation, the maintenance spouse can be ordered by the court to pay for life insurance to guarantee the maintenance amount to their former partner.

This is to prevent an immediate stop to the maintenance allowance if the paying ex-spouse dies or fails.

In most cases, the paying party can be ordered by the court to appoint its former spouse as the owner of the police, especially if they have repeatedly violated the life insurance obligation.

Although the supporting ex-spouse is obliged by law to make premium payments on time, the obligation may be changed based on various circumstances.

A term policy that extends over the time that the maintenance need can be purchased in order to avoid unnecessary premium payments.

Alternatively, your divorce lawyer can help determine the face value of the maintenance amount before agreeing on an amount large enough to cover it.

Taking Action

If you depend on your ex-spouse to pay child support or maintenance, you must obtain life insurance if you do not already have one to secure these payments.

Do not take out life insurance after the divorce is finalized, and it can be difficult to get your ex-spouse to make these payments, especially if they refuse to cooperate with the life insurance claims.

The best time to set up a life insurance policy to secure any insurable interests is before the completion of the divorce.

In this way, if they are uninsured for any reason, e.g. For health reasons, you can find alternative ways to ensure that maintenance or child support is secured.

Frequently Asked Questions

Can You Get Life Insurance From A Former Husband?

Yes, you can get life insurance on your ex-spouse as long as there is some "insurable interest" such as a court-ordered life insurance or your ex so that you can take out insurance on them and sign the application.

Can I get life insurance on my ex-husband without him knowing?

No, you can not get life insurance on your ex-spouse without their knowledge. It is illegal and if the insurance company can prove that you took out life insurance without any knowledge, they may refuse to pay the damage.

Does Divorce Change the Life Insurance Beneficiary?

Divorce does not change the life insurance policyholder. The only person who can change a beneficiary on a life insurance policy is the insurance owner. Regardless of which ex owns the insurance, the benefit control.

What Happens To Life Insurance If You Divorce?

Nothing happens to your life insurance if you divorce. However, the policyholder can make any changes they deem necessary (for example, who pays the policy or to keep the policy active). Although the court may ask you to have individual insurance, they can not do anything about your current life insurance.

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