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What to do with beneficiary designations on life insurance policies during a divorce? Wife thinks she is entitled to it.

Buffalo, NY |

Soon to be ex wants us to keep each other on as beneficiaries on our life insurance policies. We each have one through our employers, and I have one that my parents started for me back in the 1960's. I still pay premiums on this one. My wife seems to feel she is entitled to be left on as my beneficiary. Even though she wants to leave me on hers, I still don't know if I like this idea. We have no children and I plan on keeping the house , since I bought it before we were married. We have only been married nine years and I can't see leaving each other on as beneficiaries since we will both most likely meet other people and possibly get remarried. I can't see having a beneficiary on a life insurance policy who is no longer a part of my life. I want the money to go to a significant other.

Plus my wife is currently looking for a new job. What if new job does not offer her life insurance, or maybe less insurance than the old job. We are going through mediation. For now it is in our property settlement agreement, which has not been signed yet. I am meeting with an attorney to have it reviewed. I plan on bringing my concern to her attention. I would appreciate any input on this matter. Thank you.

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Attorney answers 3

Posted

If you are not paying child support nor spousal support, then there is no reason to have life insurance. If you die and you are not paying your spouse from your income, then why should your spouse get a windfall by your death. Hire your own lawyer to represent you.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

Asker

Posted

Thank you Mr. Lutsky for your prompt response. I am definitely taking your advice.

Posted

If a summons gas been filed and the divorce is not final then you cannot change the beneficiaries. Once the divorce Is final then you can change it.

Asker

Posted

Thank you Mr. Badanes for your prompt response. I had no knowledge of this. This will definitely help me moving forward.

Posted

Unless you have a maintenance/ support obligation to her, or have another financial obligation to her post-divorce, there is no reason she should remain your beneficiary following the divorce.

Asker

Posted

Thank you Ms Duke for your reply. This will help me in my upcoming appointment with my attorney.

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