I'm the owner of a large whole life policy in Texas. Is it OK to change beneficiaries during a divorce?

Asked about 2 years ago - San Antonio, TX

Following the divorce my ex-wife would like to become a co-owner or receive a guaranteed part of the death benefit. We have no minor children. Can a judge force me to give her anything other than one-half of the cash surrender value?

Attorney answers (3)

  1. Milton I. Fagin

    Contributor Level 4


    Lawyers agree

    Answered . There are many factors that would determine the answer to your question. I would need to know what stage of the divorce proceedings you're in, cash value of the policy, who the current beneficiary might be, is this a first or a second marriage, what other assets might be owned during this marriage. If you are already enjoined from making changes to this policy you would first have to seek Court approval. I look forward to heraing from you.

  2. Marc Albert Pederson


    Contributor Level 12


    Lawyer agrees

    Answered . If the divorce is pending, there might be a standing order or injunction in place. You need to consult with an attorney to determine your rights. Please call my office if you have any questions.

  3. Patrick R. Scott

    Contributor Level 11


    Lawyer agrees

    Answered . I agree with the two responses above. It depends on a number of factors and you should consult with a family law attorney to discuss the best way to go about accomplishing what you want to do.

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