In a re-marriage scenario, which wife is entitled toget life insurance proceeds?

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In a re-marriage scenario, which wife is entitled toget life insurance proceeds?

I was married for 3 years but he was unfaithful to me during our marriage so we divorced. He later married his mistress and passed away 23 days after their marriage. My name is listed on the beneficiary form as “wife”. The new wife is contesting and his former wife is contesting also (he was married 3 times; I’m the second). The dispute is wrapped up in federal court and the his sons have already received their portion of the proceeds. The remainder (40%) is in dispute. How long will it take for the judge to make a decision and who gets it?

Asked on October 21, 2010 under Insurance Law, Alabama

Answers:

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

Answered 10 years ago | Contributor

The Federal Court proceeding has been brought by the insurance company, correct?  It is to interplead the funds in to court, correct?  States have what is known as "redesignation laws" which  basically state that after a divorce an ex spouse must redesignate (refill out the form) their former spouse as the beneficiary under their policy in order for their ex spouse to collect on that policy. These laws are premised on the fact that after a divorce there no longer exists an insurable interest between the parties as ther was when they were married.  What you have to determine (with the help of local counsel) is if Alabama has a redesignation statute.  If they do then you are out of luck if your ex did not redersignate you after the divorce.  The proceeds, then, will be paid to the contingent beneficiary or the estate, depending on how the policy is written.  Good luck. 


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