Can one ex-spouse take out a life insurance policy on the other ex-spouse? 

Question Details:

We just learned my husband's ex has a $150,000 life insurance policy on him. It was taken out after the divorce and he was not aware of it. She is paying the premium; we only learned of policy only because of a letter sent to us to verify husband's change of address as the "policy holder". The letter was addressed to husband at our home address. They have been divorced 12 years and she bought this policy 10 years ago. Is this legal?

Asked 11/1/2009 under Insurance Law | 362 View(s) | More Legal Topics

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Insurance Law Law Answers

In order to own and pay for life insurance a person 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 purchaser 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 your husband's ex receives alimony or if she receives child support, then she has an insurable interest;  otherwise, probably do not.  Possibly their 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 your state's Department of Insurance.

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