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  1. #1
    Join Date
    Feb 2009
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    1

    Default Divorce and Life Insurance Payout

    My question involves divorce in the State of: California

    I am in the middle of a separation and contemplating divorce. My mother is currently terminally ill and has a life insurance policy of which I am a beneficiary. Would my wife be entitled to half of the payout if the divorce is not final before the life insurance is collected? TIA

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Divorce and Life Insurance Payout

    The proceeds should be treated as separate property (See California Family Code, Sec. 770), but sometimes separate property provides a basis for the court to award the other spouse a greater share of the marital estate. Consult a divorce lawyer.

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