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Divorce and life insurance in Florida

On Behalf of | Jan 28, 2022 | Property Division |

When a couple decides to get divorced in Florida, one of the many decisions they have to make is what to do with a life insurance policy. In most cases, it will be necessary to split the policy between the two former spouses. This can be a difficult process, but it is important to understand how life insurance works in divorce proceedings. Keep reading to learn the basics of life insurance and how the court divides it in a divorce.

How life insurance works in Florida divorce

The court divides life insurance policy between two spouses based on who is named on the policy. If both spouses are named on the policy as beneficiaries, then it will be split equitably between them. If only one spouse is named on the policy, that spouse will receive 100% of the benefits. Life insurance is normally treated as a separate property in Florida divorce since the benefits won’t be accessible to the owner while they are still alive.

If your spouse doesn’t name you on the policy

If you are the spouse who is not named on the policy, you can do a few things to protect your interests. First, try to make your ex-spouse list you as a beneficiary on the policy if you can. This will ensure that you receive some benefits if something happens to them. You should also keep track of any changes they make to the policy. For example, if they change the policy terms, remarries, or decide to remove you.

Problems with life insurance and divorce

If you divorce, and then your ex decides to remarry, they can change the beneficiary to the life insurance policy without having to inform you. Since they pay the premiums, they can basically do whatever they want with their life insurance policy.

If your ex-spouse named you as the beneficiary, and then they stop paying premiums after divorce, the policy will lapse and end after the grace period. This means that you won’t receive any benefits if something happens to them.

The process of dividing a life insurance policy in a divorce can be difficult, but it is important to make sure that everything is done correctly. Learn how divorce could affect you, and take the necessary steps to ensure you get the benefits.


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