Your husband, who recently passed away, was married once before. After filing a claim for life insurance benefits through his employer, you find out that his ex-wife has also filed. It may be unclear who is entitled to benefits. After all, the final judgment of divorce states that your husband was to keep the same life insurance policy and not change the beneficiary. However, he removed his ex from the policy anyway and made you the sole beneficiary. These and similar scenarios are exactly why a life insurance claim after divorce can be confusing. We can help.
Who Benefits from a Life Insurance Claim After Divorce?
Depending on your state’s specific laws, you and your husband’s ex-wife may both have valid claims. Or, only one of you may have a valid claim. Some of the legal factors at play include:
- Whether state or federal law governs the employer’s group life insurance policy
- The circumstances that led your husband to change his beneficiary
- Whether your state has a law that automatically removes former spouses’ designation as beneficiary on life insurance policies
- If there exceptions to the above state law
- Whether a qualified domestic relations order was used to settle the divorce
These factors will help determine who can claim benefits from your husband’s life insurance policy.
If the Insurance Company Denies Your Claim
An insurer may not have a legitimate reason to deny you benefits. That’s why it’s critical to speak with an experienced life insurance attorney as soon as you receive the denial letter. The insurer may have wrongfully denied you. Our lawyers can review the relevant laws and determine if you can appeal the denial and still recover benefits. We never recover any fees unless we recover your life insurance claim.
Life Insurance Law, LLC can connect you with a highly skilled and experienced attorney in your area. Contact us today at 215-531-7961 for a free consultation.
