Can my ex-husband keep life insurance on me if I don’t sign a consent?

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Can my ex-husband keep life insurance on me if I don’t sign a consent?

During our marriage, my ex-husband had life insurance on me through his employer. Now that we have been divorced for 9 months, he has continued the insurance. He did not get my permission to continue coverage and did not discontinue coverage. He recently completed a re-enrollment for insurance coverage.

Asked on November 14, 2011 under Insurance Law, Indiana

Answers:

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

Answered 10 years ago | Contributor

In order to own and pay for a life insurance policy a person must have what is known as an "insurable interest."  This interest has been defined as the "requisite connection" between the owner and the person whose life is insured. In order to demonstrate a such an interest, the purchaser must show that they will actually suffer some kind of loss if the insured dies. For example, as in the case of a financially dependent former spouse, whereby by the ex-spouse receives alimony or receives child support then they have an insurable interest; otherwise, they do not. So unless your divorce decree allows your ex-spouse to have a policy on you or you specifically give consent for such a policy, your ex has no insurable interest.

Since the specifics of state law can vary, to be certain of your rights, you should discuss this matter with a local attorney or at least contact your state's department of insurance.


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