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Question: Insurance Law - New York

Asked on 11/4/2009

Can someone maintain life insurance on the their ex-spouse.

The uninsured spouse is the beneficiary and wants to know if he/she should continue making payments on the policy if they might soon divorce.  In other words, if a spouse has life insurance and the couple divorces, would the other spouse receive the death benefit should the insured pass away first?


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Answers (2):

SJZ, Member in Good Standing of the New York Bar


Life insurance depends on contract, not on marriage/divorce. As long as a spouse or former spouse is the designated benefiticary, he or she will receive the benefits in the event the insured passes away. (Note: if the estate is the beneficiary, then that would be altered by divorce, since a former spouse will not collect from the estate in the way a current spouse  will.)

However, note  that the beneficiary can be changed at will--it's just a matter of paperwork by the insured.



  • Answered on 11/4/2009
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M.D., Member in Good Standing of the California and New York Bar


In order to own and pay for life insurance you must have what is known as an "insurable interest." Insurable Interest has been defined as the requisite connection between the owner/payor and the person whose life is insured.  This requirement usually demonstrates that the owner/payor will actually suffer some kind of loss if the insured dies; for example, as in the case of a financially dependent spouse or former spouse and children in the life of a former spouse. 

If you receive alimony or if you are receiving child support then you have an insurable interest;  otherwise, you probably do not.  You will need to see how the final divorce decree addresses this issue.

To be certain of your rights under state law, you should discuss this matter with a local attorney or at least contact the Department of Insurance.



  • Answered on 11/4/2009
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