Ex-Spouse Claim to Life Insurance

by Guest » Sat May 17, 2008 03:06 pm
Guest

Hello I am married to a man who owes back child support. He was in an accident several years ago and suffered a broken back, and a year and a half ago suffered an aortic aneuyrism that ruptured leaving him with 19% heart function at 42. We are trying for a motion of abatement interstate but cannot afford an attorney to help.
I have a disabled 15 year old child from this marriage. I work and have life insurance set up through work that I pay for and my policy the beneficiary is a trust for my disabled son for the majority with a smaller amount being divided between the other children including my step children. My husband's policy I am the primary benficiary. I live in Florida and believe that I am protected against the child support claim in the event of his death. This continues to be brought up by his ex and his grown children. The first time while I was in the surgery waiting room after being told that he only had 20% of making it through the surgery. The last time yesterday as his middle daughter was visiting and we were ready to take her back to the airport. This makes my husband feel as if the vultures are waiting for him to pass. I have done my best to help his kids over the years and will continue. However my son will always require care and his security is what I was considering when I set up the policy. It isn't a huge one enough to bury my husband and pay off the remainder of our home. Any input. I have enough to worry about and have been watching my husband slowly decline. This is hard enough to deal with. If there is a chance that the life insurance may be tied up I need to get some sort of plan for his final arrangements. Thank You for your help.

Total Comments: 19

Posted: Wed May 21, 2008 11:28 am Post Subject: insurance

............OH, forgot to say. My ex is 'sue happy'. He thinks he can sue EVERYONE if he can't get HIS way. With my Military Life Insurance, my ex said he was gonna ( yep..you guessed it!) sue the Military if his name isn't added to the policy......he's gonna get " millions from this." OMG!!

Posted: Wed May 21, 2008 11:49 pm Post Subject:

Sue happy people really irk me. I know a couple myself and think they need to get a real life or a real job. Makes ya wonder what this world is coming to.

Posted: Thu May 22, 2008 11:51 pm Post Subject: insurance

yep..i agree. Wishing more ( for my ex's sake..) that his parents would have taught him 'tough love'. They never 'helped' him, they hindered' him, by doing just about everything for him. Ex needs to get back to reality.

Posted: Sat May 24, 2008 03:09 am Post Subject:

It sounds like he was given too many hand outs. I am now going through the tough love stage with my eighteen year old. Been out of school (dropped out...thought he knew it all) for 8 months and keeps finding excuses why he can 't get a job. I shut off the revolve switch on my door last time he left...wish Grandma would do the same and maybe, just maybe!?!?

Posted: Sun May 25, 2008 05:26 pm Post Subject: love

Its a bit sad to listen. Hardships are common and sure you will come across them and live peaceful life. cheers

Posted: Sat Feb 21, 2009 09:26 pm Post Subject: life insurance

my son did not designate a beneficiary so it defaulted to the parents because he had no wife or kids. Can I claim my ex husbands half of the insurance since he has been absent for 25 years and my son was raised by his stepdad?

Posted: Wed Mar 31, 2010 03:01 pm Post Subject: Ex-Spouse as Beneficierie Life Ins..

My ex passed passed away, the life insurance for him that we paid together has me listed as soul benefecieary, but the Insurance Company says that state law ater divorce decree was final I am automatically removed from it,Is that true in the State of Missouri.....

Posted: Wed Mar 31, 2010 03:17 pm Post Subject:

Ricky P . . .

I seriously doubt this is correct information about Missouri Insurance Law. I am not an expert in Missouri Insurance Law, but I did find this online at:

http://www.sos.mo.gov/adrules/csr/current/20csr/20c400-1.pdf

20 CSR 400-1.010(2)(E) states: Unless changed as provided in the policy, the beneficiary shall be as designated in the policy;

If you are a Missouri resident, then I would recommend contacting the Dept of Insurance (http://insurance.mo.gov/consumer/complaints), where you will find the following:

Insurance complaints

Missouri residents and those with Missouri insurance policies may file complaints directly with the Missouri Department of Insurance, Financial Institutions and Professional Registration.

File your complaint online or by paper through mail or fax.

If you think you are the victim of fraud, a Fraud Report may be filed as well.

Physician's and doctor’s offices: If you wish to file a complaint related to prompt payment of health insurance claims, please complete a Provider Complaint Form and fax to 573-526-4898 or mail to address indicated on the form.

If you wish to mail the complaint form, please send it to:

Missouri Department of Insurance, Financial Institutions and Professional Registration
Attn: Consumer Affairs
P.O. Box 690
Jefferson City, MO 65102-0690

Complaint forms may also be faxed to 573-526-4898.

Be sure to print a copy for your records.

If you have any questions about this process, please contact our consumer hotline at 1-800-726-7390.


There is always the possibility that you were removed as beneficiary by the policyowner. But it does not appear that Missouri law demands that a beneficiary be removed following a divorce. This would be contrary to insurance law in all states, as far as I know.

Posted: Wed Mar 31, 2010 11:14 pm Post Subject:

I am no expert on Life insurance, I can however tell you how this was handled in my family in MO...in 2005..

From my practial experience (my brothers death)..most group policys purchased thru your employer in this state...say that if you intend for the 'ex' spouse to remain the beneficary you have to fill out (yet) another form AFTER the divorce, that in effect says, 'yes, I really want my ex to remain my beneficary' without this the current spouse is the automatic default beneficary...now, if he/she had NOT remarried that's different (although the form is still supposed to be completed I can tell you how we helped my 'ex' sister in law skirt that one)...

So did your ex remarried? Was this a group policy?

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