Insurance and the ex wife

[mommy724]

What is the name of your state? GA My husband has me listed on his SGLI life insurance policy. I am the only listed beneficiary. We have 3 children he has one child with his ex. If my husband were to pass, could she contest his policy? Since she is the legal guardian of his child? Or because I am his spouse and the only one listed, is she just out of luck? Thanks

 

[djohnson]

**bump**

maybe someone else will come give you a better answer but to my knowledge any life insurance policy goes to the beneficiary and unless the child is listed then she can't touch it. If the child is listed then she can as the custodial parent. If there are other assets and no will then if something happened to him then it would go through probate and she (for child) could have claims. They might even be able to contest the will. Life insurance policies are property of the beneficiary and not the estate.

 

[cbg]

Unless your state has a law that requires the current spouse to receive a portion of any insurance policy, then the beneficiary of the policy receives the proceeds of any insurance claim.

 

[ShyCat]

One thing that could throw a kink in this is if their divorce decree stated that he had to carry a set amount of life insurance with his child as beneficiary. If so, and he didn't, the ex-wife could sue his estate.

 

[cbg]

We have no reason to assume that this is the case. But even if it is, that would still be on the estate, not on the life insurance policy. Unless the law has changed drastically since I was working with life insurance, NOTHING in the law would give the ex-wife a claim on the life insurance policy, even if circumstances showed that she had a claim on the estate.

 

[mommy724]

No, in their divorce the only insurance he had to carry is health. Nothing about life insurance. And no, as far as his will is concerned, I am the only one listed. Unless of course I am dead. LOL. He has me in his will as full beneficiary, of all property.

 

[djohnson]

She may be able to contest the will depending on the laws of your state. It would cost her so she may not be willing to do that. The life insurance policy can't be touched so you are ok on that.

 

[Dandy Don]

The insurance can only go to the named beneficiary and does not even go through the estate/probate process, so the ex-wife would be out of luck if she tried to get any of it. Only way she could get the money was if your husband submitted a revised beneficiary designation form the insurance company that named the ex-wife, and that doesn't seem very likely.

You didn't mention whether he has a will or not. If he wants to leave anything for his other kids, that is the place to mention it--in the will.