Is my divorce a legal binding agreement regarding a life insurance policy?

UPDATED: Oct 1, 2022

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Is my divorce a legal binding agreement regarding a life insurance policy?

In our divorce decree, my ex-husband left me beneficiary on his life insurance policy so that I would have enough money to take care of our disabled son. We were married for 33 years. After the divorce, before my ex-husband passed away, he changed the beneficiary. Could he legally do that? I am being told by the insurance company that I am no longer beneficiary to his policy.

Asked on January 25, 2018 under Family Law, Massachusetts


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You need to put the Insurance Company on notice that the beneficiary on the policy is going to be challenged in the decedent's (your ex husband's) estate and that you demand that they "INTERPLEAD" the funds in to court. Send the letter via certified mail.  Then sue your ex husband's estate for a breach of contract. Get legal help.  Good luck.

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