In a re-marriage scenario, which wife is entitled toget life insurance proceeds?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 13 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.
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.