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  1. #1
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    Jun 2008
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    Default Life Insurance and Divorce Decree

    My question involves insurance law for the state of: California/Pennsylvania

    My question is my parents were divorced in 1996, my father recently went to switch the beneficiaries on his life insurance policy. My question is, can my mother prevent my father from putting my brother and I as beneficiaries on his policy? Can such a decree prevent this and if so is there any way to change? They were originally divorced in Pennsylvania, but now live in California.

    Thank you

  2. #2
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    Apr 2007
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    Default Re: Life Insurance and Divorce Decree

    Quote Quoting bluemantra
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    My question involves insurance law for the state of: California/Pennsylvania

    My question is my parents were divorced in 1996, my father recently went to switch the beneficiaries on his life insurance policy. My question is, can my mother prevent my father from putting my brother and I as beneficiaries on his policy? Can such a decree prevent this and if so is there any way to change? They were originally divorced in Pennsylvania, but now live in California.

    Thank you
    If your father is owner of the policy, he can change the beneficiary/beneficiaries to anyone he wishes to. We had this a lot at the co. I worked for when there was a divorce. However; if there is a divorce decree that requires your father to continue ins. on his life with your mother as the bene, then this is a different story.

  3. #3
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    Jun 2008
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    Default Re: Life Insurance and Divorce Decree

    Quote Quoting Betty3
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    If your father is owner of the policy, he can change the beneficiary/beneficiaries to anyone he wishes to. We had this a lot at the co. I worked for when there was a divorce. However; if there is a divorce decree that requires your father to continue ins. on his life with your mother as the bene, then this is a different story.

    Would insurance company know if there was a decree not allowing him to change beneficiaries? And is there a way to over turn such a decree? And how can he found out if there is a decree, if he does not have the papers?

    Thank you for your help

  4. #4
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    Default Re: Life Insurance and Divorce Decree

    Quote Quoting bluemantra
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    Would insurance company know if there was a decree not allowing him to change beneficiaries? And is there a way to over turn such a decree? And how can he found out if there is a decree, if he does not have the papers?

    Thank you for your help
    If the ins. co. got a request to change the bene, they would go ahead & do it. They normally don't know of any divorce decree. However, the problem happens when your father dies. You mother could submit a claim for payment & contest the payment of the proceeds to you & your brother if there is a divorce decree indicating she was to remain bene. It can end up with a court deciding who gets the proceeds. If there is such a divorce decree, I would think your mother would have to agree to any change in it. Your father could talk to the lawyer who handled the divorce to see if he can tell him anything or if he has a copy of the divorce decree if your father doesn't have one.

  5. #5
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    Default Re: Life Insurance and Divorce Decree

    Quote Quoting Betty3
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    If the ins. co. got a request to change the bene, they would go ahead & do it. They normally don't know of any divorce decree. However, the problem happens when your father dies. You mother could submit a claim for payment & contest the payment of the proceeds to you & your brother if there is a divorce decree indicating she was to remain bene. It can end up with a court deciding who gets the proceeds. If there is such a divorce decree, I would think your mother would have to agree to any change in it. Your father could talk to the lawyer who handled the divorce to see if he can tell him anything or if he has a copy of the divorce decree if your father doesn't have one.
    What if my dad put's it in our name and there is a decree stating it should be in my moms name, but she does not contest the payment to my brother and I. Would the money go to us, if there is no contesting?

  6. #6
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    Apr 2007
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    Il.(near StL,Mo.)
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    Default Re: Life Insurance and Divorce Decree

    If your mother is current bene & your father changes the bene to you & your brother, at claim time (when dad dies) if only you & your brother submit a claim (your mom doesn't/doesn't contest) - the proceeds will go to you & your brother. The ins. co. will have no reason not to pay you & your brother if they have no one else submitting a claim. They won't know that someone else might be entitled to the money.

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