Beneficiary on ex-spouse life insurance in Nebraska

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Beneficiary on ex-spouse life insurance in Nebraska

I live in Nebraska and My Ex- husband just died and
still had my name as beneficiary on his life insurance
policy that is provided by his employer. The policy
was employer provided and was part of his benefits
at no cost. Does Nebraska have a law that
automatically removes me from beneficiary since we
are divorced? He also had my name as beneficiary
on retirement acct through employer.

Asked on April 19, 2019 under Insurance Law, Nebraska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

In your state, a divorce does not automatically make you a non-beneficiary of life insurance or a retirement account. It may revoke your status as beneficiary if:
1) Anything in yourt divorce decree or settlement said you were giving your rights or interests as a beneficiary to these things, since in that case, you either voluntarily gave up those rights or a court ordered that they be given up.
2) You were not designated solely by name but as "my wife, [insert name]" since in that case, a court, in giving effect to your ex-husband's wishes, would look at the language "my wife" and conclude he only wished you to be a beneficiary because and while you were his wife--and so, when you are no longer his wife, you are not entitled to something you had only due to your status as his wife. But if you were named solely by name, there is implication in the document making you a beneficiary that it was contingent on your marital status; you would still be eligible.


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