by bowden » Fri Jan 30, 2009 02:36 am
Hi,
I am currently going through a divorce. We are still legally married, however I recently found out my spouse is terminally ill. Can a spouse be removed as beneficiary without being notified or without consent? The policy was issued an maintained as part of his retirement pkg. A group life ins. policy issued in 1988. Thanks for any help on this gquestion
I am currently going through a divorce. We are still legally married, however I recently found out my spouse is terminally ill. Can a spouse be removed as beneficiary without being notified or without consent? The policy was issued an maintained as part of his retirement pkg. A group life ins. policy issued in 1988. Thanks for any help on this gquestion
Posted: Fri Jan 30, 2009 04:47 am Post Subject:
Bowden, if its a private life insurance plan you can change the beneficiary name whenever you want. However, if the policy is through the employer then you might have to change it according to the ERISA guideline.
Does he has another policy? who's the beneficiary on those plans?
Posted: Fri Jan 30, 2009 05:41 am Post Subject:
Well, since the divorce would change your spouse status, the benefits would get terminated once things get finalised. However, if he wants or if it's mentioned in the divorce decree, he may maintain a policy naming you as the beneficiary on it.
Posted: Fri Jan 30, 2009 10:01 am Post Subject:
Hi Boxfullofrocks,
If its mentioned in the divorce decree then I don't think it would be a problem. If its not, then I don't think the OP's consent would be sought by her husband. But what if its not a divorce with mutual consent!
Or what if its the OP's husband who'd filed for it? Would it still be the same?
Posted: Fri Jan 30, 2009 11:31 am Post Subject: insurance
I wouldn't think it would matter if the Insurance policy was from an employer or not..........the Beneficiary ( I think?) can STILL be changed anytime without the 'others' consent.
Posted: Fri Jan 30, 2009 11:38 am Post Subject:
There are a few states or group policys that require a spouse to 'sign off' if the insured wants to remove them or change them as beneficiary HOWEVER these are rare, and still would not pertain to you since you are in the process of a divorce, your estranged husband has every right to choce whomever he wants as his beneficiary now that he (apparently) see's death closer he is/has made HIS decisions who HE wants to have the life insurance money...i doubt there is anything you can do . out of curiosity who did he change it to, and how long does the poor guy have?
Posted: Fri Jan 30, 2009 11:54 am Post Subject: insurance
Hi, LORI. On my Life Insurance policy, I din't have to have my spouse ( at the time..) 'sign off'. We were seperated at the time, but living in different places. I don't know if a Military Life Insurance policy would have different 'rules' to it or not.
Posted: Fri Jan 30, 2009 12:22 pm Post Subject:
As I said I think it is a state and policy thing...I know that my 'group' policys thru my employer and also 'maybe' my 401k if your spouse is not your beneficiary you have to have them sign a form...now i don't know if the form is to 'inform them'' and they are acknowledging they know this...or if it's consent...never had the need....i would think this is the exception not the rule, i know in MO anyway there are some funny twists to 'goup' life policys. (been thru it with my brother AND two others)
Posted: Fri Jan 30, 2009 01:29 pm Post Subject:
Some states have guidelines stating that in the event of a divorce, the spouse as beneficiary is automatically removed and the contingent becomes the new primary. Depends what state you are in and what the laws are. Seems kind of harsh to be divorcing someone terminally ill, but hey, what do I know?
Posted: Fri Jan 30, 2009 01:36 pm Post Subject:
Seems kind of harsh to be divorcing someone terminally ill, but hey, what do I know?
i kinda thought so too, but we don't know the whole story, so best not to judge i reakon.Posted: Fri Jan 30, 2009 04:41 pm Post Subject: Can Spouse change life insurance without consent?
Thanks for all the responses. We live in California. It was a group policy, originated in 1988 through the employer that he retired from in 1997. We have been going through a divorce for 3 years and have not yet officially been pronounced divorced by any court. I don't know that he changed it at all, but knowing the type of person he is, he probably has. I filed for divorce in 2005 and he was not terminal or sick when I filed. He just found out 2 weeks ago that he was terminal. He probably has 2- 3 months to live. I have offered to help him, knowing he has no one else. He is still angry that I left him and being very difficult.
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