When a divorced person dies but while married made their spouse a beneficiary of an annuity, does the annuity go to the estate or does his ex-spouse still get the annuity?

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When a divorced person dies but while married made their spouse a beneficiary of an annuity, does the annuity go to the estate or does his ex-spouse still get the annuity?

Asked on January 16, 2014 under Estate Planning, Ohio

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If the divorced spouse never changed his beneficiary (primary or secondary) designation, then the ex-spouse will get the annuity. This is why all life insurance companies always check every year to ensure your beneficiary designations are up to date and remind you if there is a change in marital status to ensure your beneficiary designations are correct.


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