What Happens To Insurance Policies After Divorce?

After a divorce, insurance policies can be significantly impacted, and both parties may need to make important adjustments to ensure their coverage is appropriate and legally compliant. The specific changes depend on the type of insurance involved, the terms of the divorce settlement, and state laws.

Life Insurance

Beneficiary Changes: After divorce, it's crucial to update beneficiary designations on life insurance policies. The ex-spouse is usually removed as a beneficiary unless the divorce decree specifies otherwise. If the policyholder fails to make the change, the ex-spouse may still receive the benefits.

Spousal Support or Child Support: In some cases, the court may require one spouse to maintain a life insurance policy naming the other spouse or children as beneficiaries to secure spousal or child support obligations.

Health Insurance

Eligibility for Coverage: A divorced spouse may no longer be eligible to remain on the other's health insurance plan unless specifically stated in the divorce agreement (such as through COBRA, which provides temporary coverage).

New Coverage: After divorce, individuals may need to find new health insurance options, either through their employer, the marketplace, or government programs.

Auto Insurance

Policyholder Changes: In cases where a couple shares an auto insurance policy, the policyholder may need to update the policy to reflect individual ownership of vehicles. If the vehicles were split during the divorce, each person should have their own policy.

Coverage and Liability: Adjustments may also be needed to reflect new driving habits, vehicle ownership, and liability concerns.

Property and Other Insurance

Homeowners/Renters Insurance: If the couple owned a home together, the divorce settlement may determine who keeps the property, and the corresponding homeowners or renters insurance will need to be adjusted accordingly. The individual keeping the home must ensure they are listed as the sole policyholder.

Asset Distribution: Certain insurance policies may need to be reassigned or updated to reflect who owns specific assets (e.g., boats, valuable items).

Steps to Take After Divorce

Review and Update Beneficiaries: Immediately change beneficiary designations on life insurance and other relevant policies.

Notify the Insurance Providers: Inform all insurance companies of the divorce so that necessary changes can be made.

Secure New Coverage: If health insurance or auto insurance coverage needs to be changed, take steps to secure new policies.

Check Divorce Decree: Review the divorce settlement or decree for any requirements related to insurance, such as maintaining coverage for children or spousal support.

Example

If a divorced individual has a life insurance policy with their ex-spouse as the beneficiary, they should:

• Contact the insurance provider to update the beneficiary designation immediately after the divorce.
• If the divorce decree requires maintaining life insurance for the children or ex-spouse, ensure that the coverage amount is adequate.

For health insurance, if the individual was covered under their ex-spouse's employer plan, they would need to seek alternative coverage through their own employer or through the health insurance marketplace.