How To Protect Your Life Insurance Policy While Going Through A Divorce


Life insurance, more than most things you buy, relates to the circumstances of your life. You buy life insurance to protect your family from financial loss stemming from your death. You tie the amount of your life insurance to the money your family will need to provide an income, pay off debts, put children through college and cover financial commitments.

But what happens to life insurance when you're about to dissolve your marriage? How do you deal fairly with a soon-to-be ex-spouse, yet still make sure you have coverage for the future? Is there a way to provide for adult children of a previous marriage without going broke -- especially if you have children through a second or third marriage?

Here are a number of considerations you should be aware of:

- Don't assume that your insurance agent or company knows about your circumstances. If you don't change your beneficiary, your former spouse may receive the proceeds of your policy upon your death. If the designation simply reads, "husband of the insured" or "wife of the insured," and there is no new spouse, the secondary beneficiary receives the proceeds.

- You may be able to transfer ownership rights of the policy as part of a property settlement or to ensure continuation of alimony payments. Your ex-spouse may not press as hard for more support or a greater slice of an ongoing pension if he or she remains the designated beneficiary on a permanent life insurance policy. Of course, you need to ensure that your policy remains a valuable asset by keeping up premium payments.

However, transferring an existing cash value policy (as opposed to a term policy, may carry with it the burden of federal gift tax, unless you transfer the policy prior to divorce. Be sure to discuss this option prior to the finalization of your divorce.

- Don't overlook the possibilities life insurance may provide for dealing fairly with children from your previous marriage. If you're paying alimony to your previous spouse and have a second family with your new spouse, adult children from your first marriage may sue your estate after you're gone if they aren't dealt with at least as fairly as the children from your subsequent marriage(s).

A permanent life insurance policy can be an immediate "estate replacer" to children from your first marriage -- it helps you replicate accumulated assets that you wish to pass on to the children of your first family -- but can't afford to without neglecting the needs of your new family. Essentially, you purchase a permanent life insurance policy on yourself and designate your adult children as beneficiaries. When you die, proceeds bypass the probate process and pass directly to your adult children. Your immediate spouse and any children from that marriage are left with your accumulated property and assets -- so you've provided for both families.

If you're contemplating divorce, don't forget the options you may have with respect to your life insurance coverage. Divorce is tough enough -- don't overlook the flexibility and security this valuable asset can provide.

Matt McWilliams is one of the co-founders of HometownQuotes.Com, an online insurance quotes web site. He is originally from Pinebluff, NC and graduated from Middle Tennessee State University in 2002. He is considered an expert in the field of online insurance shopping and finding new ways to help consumers save money on their insurance. For more information visit http://www.hometownquotes.com


More Resources

Unable to open RSS Feed $XMLfilename with error HTTP ERROR: 404, exiting

More Divorce Information:

Related Articles


Credit and Divorce
Mary and Bill recently divorced. Their divorce decree stated that Bill would pay the balances on their three joint credit card accounts.
Divorce -Is It Lawful?
The question of divorce and its lawfulness is of long standing. The law-makers of our day have tried to answer the question.
9 Steps to Regaining Self-Esteem After Divorce
Divorce is difficult at the 'best' of times. Even when a couple makes a combined decision to divorce, it can be extremely trying.
How Thinking About An Uncontested Divorce Figures Into Your Decision About Divorce
An uncontested divorce is the most common type of divorce. An uncontested divorce is a divorce that occurs when there are no disagreements between spouses over divorce related issues like custody, finances, living arrangements, spousal support, child support, etc.
Why Men Wont Commit To Marriage
A common reason why men wont commit could be due to their past. Men wont commit if they have witnessed their parents in the past arguing or rowing.
Love and Marriage Fairy Tale
When we were children we believed in fairy tales and happy ever after endings just like Cinderella, Snow White, Sleeping Beauty and many other fairy tales. However, as we grow older, we soon realise that situations in real life do not always turn out as we would of expected our fairy tale to.
Coping With Divorce Anger
Successfully releasing your anger will help you begin healing after your divorce. Right now you may feel a great deal of rage at your ex-husband.
Divorce Decision: Things To Consider When Making A Decision About Divorce
When making a divorce decision, there are quite a few things that you should consider. Too often people find themselves unable to clearly identify what they need to think about when making a divorce decision which leads to further indecision and frustration.
5 Things To Do Before You Even Think About Getting A Divorce
There are many steps to take to protect yourself in a divorce. This article will get you started.
Does Your Sexless Marriage Have You Thinking About Divorce?
If you are in a sexless marriage and are unhappy because of it, don't worry, it isn't unrecoverable but it is serious cause for concern. You may even be thinking that you need a divorce because of your sexless marriage, that's only natural.
Healing Dysfunctional Families
In a recent article entitled "Some Evidence On How We Are Spiritually Connected" I reported on a case study that revealed how individuals who share common traumatic memories can help each other release the trauma at a distance employing a new tool called the Mind Resonance Process(TM). In this article I will elaborate some of the potential applications of such a result as well as its far reaching implications.
Marriage Seperation - A Practical Guide
Finance in marriage seperation is a very big issue particularly with regards to the mortgage and household bills. When marriage seperation is inevitable obviously both parties need somewhere to stay and often it can be quite difficult to sell one property and then try to finance two.
Divorce--Overcoming the Obstacles to Agreement: Ten Steps
You're going to want to be working on your divorce agreement outside the legal system, because the things you can do to help yourself outside the legal system are far more effective than anything a lawyer can do for you.But please don't just walk up to your spouse and start negotiating.
Tax & Financial Impacts of Divorce: 10 Mistakes to Avoid
Divorce is something no one hopes will happen to them when they get married. Unfortunately, almost half of all marriages end in divorce.
Divorce and Uncle Sam: Top 10 Things You Should Know When Filing Your Taxes
1. What is my filing status? (Married, Single, Head of Household)Marital standing at year end determines your filing status for the entire year.
Four Tips to Save You Money in a Divorce Case
1. Have an Clear Written Fee AgreementMost experienced and effective divorce attorneys charge by the hour and require an advance retainer (or deposit) that is paid at the beginning of the case.
Rebuilding Your Life from the Ashes
One peculiar feature of a stepfamily is that they are built on a negative foundation. A stepfamily couple comes to their new home with a full set of baggage, containing memories, wounds, and habits.
5 Ways To Ensure You Will Have a Happy Life After Divorce
Life after divorce is something that most people who are going through divorce think about. Thinking about having a life after divorce or thinking about how your life will be after divorce, are common because people tend to fear for themselves.
Divorce Advice: Getting Divorce Advice From the Right Source
Getting the right type of divorce advice depends on what type of divorce advice you want and what you want to use it for. When looking for divorce advice, it is smart to clearly define what you are seeking the advice for so you can be sure to look in the right places.
Anatomy of a Divorce: How it Really Works
The legal divorce vs. your real divorceThe legal divorce has very limited concerns: to get a judgment of divorce, you have to make arrangements for your property, your children, and support (if any).