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Check What Happens to Your Life Insurance Plans & Policy After Divorce

Updated On Oct 19, 2023

Life is an ever-changing journey, marked by both joyful milestones and challenging crossroads. One such crossroad that many individuals face is divorce. A divorce is a life-changing event that can impact various aspects of your financial and personal life, including your life insurance plans and policies. 

In this blog post, we will discuss the intricacies of a life insurance policy after divorce. We will also talk about the consequences and considerations that arise when these two significant life events intersect.

Does Divorce Affect Your Best Term Life Insurance Policy?

Check What Happens to Your Life Insurance Plans & Policy After Divorce

Divorce is when married people decide to separate and stop being husband and wife. Now, you might wonder if this big change in your life has anything to do with your life insurance policy. 

Well, it certainly does.

When you get divorced, it can have a major impact on your life insurance plans. However, the impact depends on a number of factors that involve ownership of the policy, specific terms of the policy, court orders related to the divorce, etc. 

To learn more about how divorce impacts life insurance policy, read the pointers below:

  • Beneficiary Change: If your ex-spouse is named as the beneficiary, the divorce might prompt you to change or update the beneficiary/nominee information. In this case, you can choose your children, a new partner, or someone else to be your beneficiary. After the updation, the concerned person will be responsible for receiving the death benefit when you pass away. 

NOTE: If minor children are chosen as beneficiaries, it is necessary for the parent to appoint a guardian who will oversee and protect the children's interests until they reach adulthood.

  • Policy Amount and Premium: The financial situation of the life assured might change after divorce. And, this makes reviewing the premiums and sum assured of your life insurance policy highly important. After divorce, your need for insurance coverage might increase or decrease depending on an ample number of factors like income changes, financial responsibilities, new dependents, etc. 
  • Shared Policies: After a divorce, the ownership of your life insurance policy might be affected if you and your ex-spouse have opted for a joint policy. Sometimes, couples have life insurance policies together. If that's the case, you'll need to work out how to handle these policies after the divorce. You might need to divide them or close them, depending on your situation.

Significance of the Married Women's Property Act, 1874 in in Life Insurance After Divorce

The Married Women's Property Act of 1874, also known as the MWP Act, is a crucial law for life insurance, especially after divorce. It was made a long time ago during British rule in India, but it still matters a lot today. 

Let's understand why it's so important for a life insurance plan after divorce.

  • Asset Protection

The MWP Act helps protect the money and property of married women. It also safeguards any life insurance they have. After a divorce, it helps keep the money from the life insurance safe from their ex-spouse or people they owe money to.

  • Beneficiary Rights

If a married man buys a life insurance plan under the MWPA and names his wife as the beneficiary, then the wife will still get the money from the policy, even if the couple gets divorced. 

  • Protection from Creditors

The MWP Act keeps the death claim amount safe from being claimed by the policyholder’s creditors. This means that even if assured have financial obligations or debt, the money from the life insurance can't be taken by creditors.

  • Protecting the Children

For divorced parents with kids, the MWP Act is really important. It makes sure that the money from a life insurance policy meant for the kids' well-being and education stays safe, no matter what happens to the person who owns the policy.

Mistakes to Avoid

When it comes to life insurance after divorce, there are several common mistakes that individuals should avoid to ensure their financial security and the well-being of their dependents. 

  • Failing to Update Beneficiaries: Failing to update the beneficiary details on life insurance policies can result in the wrong person receiving the benefits. After a divorce, make sure to update the beneficiaries. 
  • Ignoring Financial Planning: Not creating a post-divorce financial plan relating to life insurance can be a significant mistake. Life insurance should be integrated into your overall financial strategy to protect your loved ones.
  • Depending Solely on Group Policies: Depending solely on employer-provided group life insurance may not be sufficient. It's essential to assess your coverage needs and consider purchasing an individual policy as well.
  • Overlooking Child Support and Alimony: For individuals responsible for child support or alimony payments, failing to maintain adequate life insurance can lead to financial difficulties for the recipients if something happens to the paying party.
  • Choosing the Wrong Type of Policy: Selecting the wrong type of life insurance policy (e.g., term plan vs. whole life plan) can have long-term financial consequences. Make sure your choice matches perfectly with your goals and budget.
  • Forgetting to Review and Adjust: Life changes, and so should your life insurance. Failing to review and adjust your coverage as circumstances change, such as the birth of additional children or significant income changes, can be a mistake.
  • Not Consulting a Professional: Failing to consult with a financial advisor or insurance professional can lead to misunderstandings or inadequate coverage. Professionals can provide valuable guidance tailored to your situation.
  • Assuming the MWPA Applies: Not understanding the legal provisions of the Married Women's Property Act (MWPA) can lead to misconceptions about the protection it offers. So, it’s important to be informed about the laws in your area.

The Bottom Line

Life insurance plans and policies serve as a safety net, ensuring the financial well-being of your loved ones in the event of your untimely passing. However, when the bonds of matrimony are dissolved, the dynamics of these policies may undergo substantial changes. So, it's essential to understand these changes with clarity to secure the future of those who depend on you.

Frequently Asked Questions (FAQs)

Ques 1. Can I keep my ex-spouse as the beneficiary on my life insurance plan?

Ans. Yes, you can choose to keep your ex-spouse as the beneficiary if you wish. However, make sure it aligns with your current intentions and any legal obligations.

Ques 2. What happens if I forget to update my life insurance policy after divorce?

Ans. Forgetting to update your life insurance policy can lead to unplanned consequences. Your ex-spouse may still receive the benefits, which might not align with your post-divorce intentions.

Ques 3. Can I decrease or increase my life insurance coverage after divorce?

Ans. Yes, you can adjust your life insurance coverage to match your changing financial needs.

Ques 4. Should I consult a professional when dealing with life insurance after divorce?

Ans. Consulting with a financial advisor, or insurance professional is highly recommended to ensure that your life insurance aligns flawlessly with your post-divorce financial plans and legal requirements.

Disclaimer

This article is issued in the general public interest and meant for general information purposes only. Readers are advised not to rely on the contents of the article as conclusive in nature and should research further or consult an expert in this regard.

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