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

UPDATED: Nov 14, 2011

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UPDATED: Nov 14, 2011Fact Checked

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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


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

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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