Is there a law that saysan ex-wife must be named as the beneficiary on theirex-husband’slife insurance policy?

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Is there a law that saysan ex-wife must be named as the beneficiary on theirex-husband’slife insurance policy?

My brother is getting divorced and wants to name me as beneficiary of his life insurance policy. There are 2 kids involved and wants to name be the Trust of the policy and have me continue to make Child support payments after his death. The wife (soon to be ex-wife) is contesting this. Does the policy have to be in her name or partially in her name?

Asked on September 27, 2011 under Insurance Law, Florida

Answers:

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

Answered 10 years ago | Contributor

It may not be a "law" per se, but rather it is common practice that a policy be in place for the benefit of the children in case of the death of oe of the parents.  It is lso quite comon for the ex-wife to be named as the beneficiary of the policy. Now, he could instead of naming you request to name the trust and to have the terms of the trust be so that the trustee - which could be you - pay the ex-wife for support monthly.  But that is really not how thigs are commonly done.  Her way is the way it is commonly done. Not to say it could not be suggested.  I would have him check with an attorney in the area on the matter.  Good luck. 


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