Divorce Effectively Acts As a Termination of the Beneficiary Designation..Right?
An issue that comes up more often than many may think is the following scenario: One spouse names the other spouse as beneficiary of a life insurance policy. Couple gets divorced. Beneficiary designation is never changed. Policy owner dies. Does the ex-spouse get the life insurance proceeds? For many years, this question was covered by case law arising from different jurisdictions, with some jurisdictions coming to the conclusion that if the beneficiary designation wasn’t changed, the ex-spouse still received the proceeds and others concluding that the divorce effectively acted as a termination of the beneficiary designation.
Clarity has been brought to this issue as it is now covered by statutory law here in Ohio, namely Ohio Revised Code Section 5315.33, which states that the termination of marriage revokes the designation of a spouse as a beneficiary. Two exceptions exist. One is if the designation of beneficiary or the judgment of decree granting the divorce specifically provides otherwise. Second is if the parties later remarry each other. Other than under those two exceptions, the termination of the marriage terminates the beneficiary designation, and the ex-spouse is deemed by law to … Read More... “My Ex Is Named As Beneficiary On My Life Insurance Policy? What Happens If I Die?”