Am I entitled to my ex-husbands life insurance benefits, if I am the named beneficiary?

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Am I entitled to my ex-husbands life insurance benefits, if I am the named beneficiary?

Ex-husband died recently. Have been divorced for 11 years and have remained friends. We were in communication up until his death. Divorce papers state: “It is further ordered and adjudged that except as expressly provided herein, all policies or contracts of life insurance endowment or annuity upon the life of either the Plaintiff or the Defendant, shall hereupon be the sole and separate property of the insured, free and clear of any and all claims of any nature, and shall hereupon become payable to the estates of said P and D or such named beneficiaries as they shall affirmatively designate.”

Asked on September 21, 2010 under Estate Planning, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unfortunately, no you are not. MCL 552.101(2) states: Each judgment of divorce or judgment of separate maintenance shall determine all rights of the wife in and to the proceeds of any policy or contract of life insurance, endowment, or annuity upon the life of the husband in which the wife was named or designated as beneficiary, or to which the wife became entitled by assignment or change of beneficiary during the marriage or in anticipation of marriage. If the judgment of divorce or judgment of separate maintenance does not determine the rights of the wife in and to a policy of life insurance, endowment, or annuity, the policy shall be payable to the estate of the husband or to the named beneficiary if the husband so designates.

Basically them, you no longer have rights in this policy, regardless of your being the named beneficiary.


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