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

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


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.

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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.

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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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