Divorce and Life Insurance

[jcsmith]

What is the name of your state?
Georgia
My divorce decree ordered my ex-husband to continue to name me as beneficiary of his life insurance policy and his state retirement. He changed the beneficiary to a female friend of his. We learned this at his death this week. Will the insurance company honor the divorce decree and name me as the beneficiary or leave the female friend as the beneficiary?

 

[Dandy Don]

Did the divorce decree specify any penalties if he did not keep the policy in force? What is the payout value of the policy? Did he leave a last will and testament that is being probated?

If this female friend is NOT a surviving spouse and if you know the name of the insurance company, then I think you should be consulting with a business law attorney or civil law attorney who has experience in filing interpleader actions with insurance companies. The interpleader action will put the insurance company on notice that you object to his designated payee and they will let the court decide on who gets the money. This attorney can also look at Georgia law to determine if it says anything about this--sometimes the insurance companies operate on their rules which may or may not agree with state law.

DANDY DON IN OKLAHOMA ([email protected])

 

[ErinGoBragh]

Dandy Don,

How on earth is the payout value of the policy relevant to this?

When this goes to court, request that you be placed as an irrevocable beneficiary so he cannot do this again. This means you would be the beneficiary and he could not change it again unless you literally signed off on it.

 

[Silverplum]

When this goes to court, request that you be placed as an irrevocable beneficiary so he cannot do this again. This means you would be the beneficiary and he could not change it again unless you literally signed off on it.

He's dead, Eryn. He can't do anything.

 

[ErinGoBragh]

He's dead, Eryn. He can't do anything.

Wow.. I knew I was tired the other day, but that's a pretty large fact to miss. Thanks SP!

 

[Silverplum]

Wow.. I knew I was tired the other day, but that's a pretty large fact to miss. Thanks SP!

No biggie -- it was funny!

 

[Ohiogal]

He's dead, Eryn. He can't do anything.

Hence we can GUARANTEE that he cannot do it again and whatever the court decides will just compound that fact. Because one of the findings will have to be that the guy is dead. If they find that he is alive... well... stranger things have happened.

 

[anteater]

Hence we can GUARANTEE that he cannot do it again and whatever the court decides will just compound that fact. Because one of the findings will have to be that the guy is dead. If they find that he is alive... well... stranger things have happened.

Only in Cook county, Illinois.

OP -- You do not file an interpleader action. You make a claim with the insurance company. If the insurance company has competing claims and cannot determine who it should pay, then the insurance company files an interpleader action with the court, essentially lateraling the hot potato to the court.

If the insurance company denies your claim or does the interpleader, then you get an attorney for your next steps.

 

[Dandy Don]

And you make the claim with the insurance company as soon as possible so that they don't automatically go ahead and pay the money to the friend.

DANDY DON IN OKLAHOMA ([email protected])