Asked in Divorce, Estate Planning and Family Law for Colorado

Q: Does the revocation-on-divorce statute still apply if the divorce decree was set aside?

The district court granted the motion to set aside the court order of dissolution of marriage. The divorce got reopened based on the Rule 16 (fraud). I was named as a beneficiary of the life insurance policy; however, the life insurance policy was not disclosed during the divorce. Does the revocation-on-divorce statute still apply considering the final divorce decree was set aside/canceled by the court?

1 Lawyer Answer
John Hyland Barrett III
John Hyland Barrett III
  • Estate Planning Lawyer
  • Louisville, CO
  • Licensed in Colorado

A: I am assuming that the court set aside the property orders, but not the decree of dissolution of marriage. You are probably still divorced. In that case the revocation upon divorce statute may apply if the insured dies. You could ask the court to have you named you as beneficiary if appropriate You should get a lawyer to help you with this.

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