If my ex-wife has an insurance policy on me without my knowledge, is this legal?

UPDATED: Dec 4, 2011

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If my ex-wife has an insurance policy on me without my knowledge, is this legal?

We have no children under the age of 21.

Asked on December 4, 2011 under Insurance Law, Kansas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The person you are insuring must know that you are insuring their life and consent to it. In other words, the person being insured must have given their permission prior to the policy being issued. Typically, there is a section in a life insurance application that indicates the insured individual's name. If this name differs from the policyholder's name, then the insured's signature is required. Further, as a practical matter, most times a health exam is required on the life of the insured so they would find out about the insurance at the time of the exam.   

Additionally, when you buy life insurance on another person, you must have what is known as an "insurable interest" in the life of that person. Cosequently, when you apply for insurance, the insurer checks to make sure that this interest exists. An insurable interest is created when you have a personal and/or economic interest in the life of the insured. This means that the person's death would cause you either personal and/or financial loss. For example, if you are insuring an ex-spouse who s responsible for child support or alimony.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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