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  1. #1

    Default Life Insurance Beneficiary vs Divorce Decree

    My question involves insurance law for the state of: Massachusettes

    My ex-husband passed away and we have 1 son that is 18 (will attend college in fall). Our divorce decree never mentioned life insurance. It never entered my mind that it was not in our divorce decree or to add it as we divorced over 10 years ago. He remarried and had 2 daughters with 2nd wife. They divorced two years ago and did have life insurance in their divorce decree. It states he was to name his two girls as benefiticiaries on current life insurance but does not specify "ONLY" or an amount. He named all 3 kids as beneficiaries. This will obviously come down to a judge to decide as his 2nd wife is stating my son has no right to the life insurance. My ex-husband changed his life insurance amount after his divorce from 1x salary to 5x salary and my son's lawyer thinks they are only entitled to 1x salary as "current policy in force" and my son will get the 4x salary......do you agree?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
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    24,443

    Default Re: Life Insurance Beneficiary vs Divorce Decree

    Am I reading correctly that he listed all three of his children as beneficiaries, but did not specify an amount or percentage to go to each?

    If so, then I disagree with your son's lawyer. I think that the judge will order it split into three equal shares.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Life Insurance Beneficiary vs Divorce Decree

    I agree with cbg. The amount of insurance relative to his earnings is immaterial in determining how much any particular beneficiary will receive. If there is no recorded division of the proceeds, they should be split equally to each of the beneficiaries.

    I keep reading what the lawyer has advised you and I can simply find no logic in his claim. His argument that the son should get 4X and the others split 1X his salary makes absolutely no sense.

  4. #4

    Default Re: Life Insurance Beneficiary vs Divorce Decree

    He is basing this off that the divorce decree states "existing life insurance in force" in the divorce decree in which that amount was 1x salary? For the pension plan she is getting 50% of amount based on amount of pension benefit at date of divorce......

  5. #5
    Join Date
    Sep 2005
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    98,846

    Default Re: Life Insurance Beneficiary vs Divorce Decree

    The divorce decree doesn't govern how the insurance company distributes the proceeds of an insurance policy to the named beneficiaries of that policy.

  6. #6
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Life Insurance Beneficiary vs Divorce Decree

    The ins. co. pays the proceeds to the children named in the policy in equal shares unless the policy
    states otherwise. I don't know why a judge would decide different.

  7. #7
    Join Date
    Jul 2011
    Location
    new york
    Posts
    3

    Default Re: Life Insurance Beneficiary vs Divorce Decree

    Quote Quoting cbg
    View Post
    Am I reading correctly that he listed all three of his children as beneficiaries, but did not specify an amount or percentage to go to each?

    If so, then I disagree with your son's lawyer. I think that the judge will order it split into three equal shares.
    I Totally agree with you.

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