DESIGNATION EX-SPOUSE LIFE INSURANCE

If a decree of divorce or annulment is rendered after an insured has designated the insured’s spouse as a beneficiary under a life insurance policy in force at the time of rendition, a provision in the policy in favor of the insured’s former spouse is not effective unless:

  • the decree designates the insured’s former spouse as the beneficiary;
  • the insured redesignates the former spouse as the beneficiary after rendition of the decree;  or
  • the former spouse is designated to receive the proceeds in trust for, on behalf of, or for the benefit of a child or a dependent of either former spouse.

Talking to an experienced San Antonio Divorce Lawyer is always your best option when/if you have to decide issues with life insurance.

If a designation is not effective the proceeds of the policy are payable to the named alternative beneficiary or, if there is not a named alternative beneficiary, to the estate of the insured.

An insurer who pays the proceeds of a life insurance policy issued by the insurer to the beneficiary under a designation that is not effective is liable for payment of the proceeds to the person or estate only if:

  • before payment of the proceeds to the designated beneficiary, the insurer receives written notice at the home office of the insurer from an interested person that the designation is not effective;  and
  • the insurer has not interpleaded the proceeds into the registry of a court of competent jurisdiction in accordance with the Texas Rules of Civil Procedure.