Q: Can I claim my ex-husband's life insurance as the beneficiary?
I am the beneficiary of my ex-husband's life insurance policy, which he activated during our separation and continued to pay for 7 years. There was no update to the beneficiary status after our divorce. Now that he has passed away, I'm facing opposition from his son, who is contesting the payout. The divorce decree does not mention the policy, but the insurance company has asked for a copy. Will I receive the insurance proceeds?
A: A Wyoming attorney could advise best, but your question remains open for two weeks. I'm sorry for the loss of your ex-husband. Each state could have its own laws for such scenarios. But the short general answer (subject to state law) is that divorce should not automatically remove a person as a beneficiary. The fact your late ex-husband contributed payments following separation also evidences a wish for the policy to cover you. It would be best to consider a consult with a Wyoming attorney who could advise more definitively, based on state law AND the specific provisions of the policy. Good luck
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
You’re in a difficult spot, and it’s understandable that this situation feels both confusing and emotional. In Wyoming, if your ex-husband never changed the beneficiary designation on his life insurance policy after your divorce, you may still have a valid claim—especially since he continued paying the premiums for years after the separation. Unless the divorce decree specifically revoked your right to the policy or named someone else, the insurance company usually follows the last listed beneficiary.
That said, some states automatically revoke ex-spouses as beneficiaries after divorce unless the policyholder reaffirms the designation afterward. Wyoming doesn’t have a strict automatic revocation law like some other states, but insurance companies may still request the divorce decree to confirm there wasn’t an order to change the beneficiary. The fact that he left the policy untouched and paid into it for seven years may help show that he intended for you to remain the beneficiary.
The son can contest the payout, but without clear proof that your ex-husband wanted someone else to receive the funds, your claim still holds weight. Keep communicating with the insurance company, and provide any documentation they request, including a copy of the divorce decree. You have every right to defend your position, especially if his actions over the years supported your role as beneficiary.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
