by cleopalmb » Tue Apr 20, 2010 01:18 am
I am the sole beneficiary on his life insurance policy. He did not update my name to my maiden name and left the relation as spouse (we were still friends). His adopted, adult children have filed a complaint with the county court stating 'irrapable harm' would be done if I was paid the death benefit. their attorney also noted a law that states an ex-spouse cannot be the benficiary and benefits should be paid out as if I had been deceased. Is this valid??? I don't live in Ohio either.
Posted: Tue Apr 20, 2010 01:45 am Post Subject:
Ohio has interesting laws and they depend on where the insured lives, not where the beneficiary resides from what I can tell.
Section 1339.63 (renumbered RC 5815.33). of the Ohio Revised Code, which took effect on May 31, 1990 (effective 1/1/90), provides that upon the termination of a marriage by divorce, dissolution, or annulment, all life insurance beneficiary designations in favor of a former spouse are automatically terminated unless the divorce decree specifically provides otherwise.
An important thing to add: this only deals with policies that have been purchased after the enactment of the legislation. Any policy that was purchased prior to 1990 is not affected, and there is ample court precedent to support this statement, including an Ohio Supreme Court decision handed down in January of 2007 (this is taken from the Ohio Supreme Court Register found at http://www.supremecourt.ohio.gov/PIO/summaries/archives/2010/):
In a unanimous decision announced today, the Supreme Court of Ohio held that, regardless of the date on which a married couple was divorced, 1990 legislation that ‘automatically' terminates all life insurance beneficiary designations in favor of a former spouse at the time of a divorce does not apply to insurance contracts that were in effect prior to the effective date of that legislation.
So, it depends on when the policy was purchased...when was it purchased? THAT will provide the answer to your questions! If it was purchased before 1990- the ex can still be the beneficiary. If purchased after that date, the designation is automatically revoked.
InsTeacher 8)
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