Beneficiary of Life Insurance

[Chleelis]

What is the name of your state? DE

My husband and I have been separated for 7 years. We never filed for divorce and have three adult children. He lives in Delaware and I in SC. He has named his girlfriend and mother as beneficiaries of his life insurance. Because I am still his legal wife, if he were to die before there is a divorce, can I contest his beneficiary? As far as I know, there is no will.

Thanks!

 

[CALIF-PROLAW30]

What is the name of your state? DE

My husband and I have been separated for 7 years. We never filed for divorce and have three adult children. He lives in Delaware and I in SC. He has named his girlfriend and mother as beneficiaries of his life insurance. Because I am still his legal wife, if he were to die before there is a divorce, can I contest his beneficiary? As far as I know, there is no will.

Thanks!

My response:

Are you paying for the policy? No? Then he can "gift" his property to whomever he nominates. Delaware is not a Community Property State. Your situation wouldn't work in California, for example, which is a CP State.

IAAL

 

[Dandy Don]

How did you find out who he had named as beneficiaries?

 

[CALIF-LAWPRO31]

How did you find out who he had named as beneficiaries?

My response:

He told her, and does it really matter Dandy Dufus?

IAAL