accident life insurance policy
Question Details: my husband and i were married in july 1999 i filed for a divorce in march 2000. we split for 4 months and got back together.up until he passede in 2008. neither one of us received verification that the divorce was ever finalized. when i took out aflac accidental life insurance policy in 2008 i listed him as my husband believing he was when he passed in oct2008 his mom was fighting me on burial rights and found papers at the courts that said we were divorced can i still legally collect on the accidental insurance policy? i was the policy holder and benificairy
Wills, Trusts, Probate Law Answers
If the judgment of divorce is authentic (and I'd want to have someone on my side verify that, in your shoes), then you can't collect on the policy. You should write to the insurance company, explain the situation, and ask for a refund of your premiums. Essentially, this just un-does the policy, which would not have been written if the truth had been known. You can't keep the divorce quiet and collect the benefits, because when the truth comes out you can be prosecuted for fraud.
You need what the law calls an "insurable interest" to buy a policy insuring someone's life. As a spouse, you have that interest, but it ends when the divorce is final.
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