Is an ex-husband’s life insurance policy considered part of the ex-wife’s estate upon her passing?

UPDATED: Aug 1, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Aug 1, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is an ex-husband’s life insurance policy considered part of the ex-wife’s estate upon her passing?

If a husband takes out a small life insurance policy ($10,000) on his wife while they are married, and continues to pay for it to maturity after they divorced, is this policy considered part of the ex-wife’s estate upon her passing?

Asked on August 1, 2011 Oregon


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

Answered 11 years ago | Contributor

I am sorry for the loss here.  The question that you have posed is not that easy to answer.  Here is why.  In order to have a life insurance person on the life of another person you have to have what is known as an insurable interest.  The husband here had one by virtue of the marriage when they were married.  However, he did not have one when she passed away (unless there was a financial dependency by the husband on the life of the wife, like if they were in a partnership or there was alimony). So the policy may or may not be valid.  Now, who is the beneficiary of the policy?  If the policy is found valid and the ex husband is the beneficiary then he gets the money.  If the policy is valid and there is no beneficiary then it will be part of the wife's estate.  Owner and beneficiary is what needs to be looked at.  Get help with this.  Good luck. 

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 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption