Can an Ex-Spouse Claim Life Insurance Benefits in Miami, Florida?

Divorce often brings significant changes, including updates to financial plans and insurance policies. However, it’s not uncommon for ex-spouses to encounter situations where they are still named as beneficiaries on a life insurance policy after the marriage has ended. This can lead to confusion and disputes when a claim is made. In Miami, Florida, the question of whether an ex-spouse can claim life insurance benefits depends on several factors, including the timing of the divorce, state laws, and the policyholder’s actions after the divorce. If you are a former spouse seeking to make a life insurance claim, or are a contingent beneficiary looking to remove the ex-spouse, call the life insurance interpleader lawyers at the Law Offices of Jason Turchin today for a free consultation at 800-337-7755 or chat with our team today.

Florida’s Legal Approach to Beneficiary Designations After Divorce

Under Florida law, the entry of a final divorce judgment generally voids the designation of an ex-spouse as the beneficiary of a life insurance policy. This means that, in most cases, an ex-spouse cannot automatically collect life insurance benefits unless:

1. The divorce decree specifically states that the ex-spouse should remain the beneficiary.
2. The policyholder reaffirmed the ex-spouse as the beneficiary after the divorce was finalized.
3. The policy is governed by federal law or ERISA, which may override state statutes.

In Miami and other Florida cities, the courts typically follow state statutes regarding voided beneficiary designations. However, unique circumstances—such as a court order or a private agreement—can alter this general rule.

When Can an Ex-Spouse Still Claim Life Insurance Benefits in Miami?

There are situations where an ex-spouse may still be eligible to collect benefits, even in Florida. These include:

• Policyholder’s Intent to Maintain the Ex-Spouse as Beneficiary:
  If the policyholder takes affirmative steps to keep the ex-spouse as the named beneficiary after the divorce (for example, by signing a new beneficiary form or sending written instructions to the insurer), the ex-spouse may still have a valid claim.
• Court-Ordered Beneficiary Designations:
  In some divorce settlements, a judge may require the policyholder to maintain the ex-spouse as the beneficiary. This often occurs when life insurance benefits are intended to secure spousal support or child support obligations.
• ERISA-Governed Policies:
  If the life insurance policy is provided through an employer and falls under the Employee Retirement Income Security Act (ERISA), federal law preempts Florida’s state law. This means that the most recent beneficiary designation—regardless of divorce—may control who receives the payout.

Disputes and Challenges Over Beneficiary Designations in Florida

When an ex-spouse and other potential beneficiaries (such as children or a new spouse) each claim the same life insurance benefits, disputes often arise. Common points of contention include:

• Allegations that the ex-spouse was not properly removed as the beneficiary.
• Questions about whether the policyholder intended to update the beneficiary designation but failed to do so before passing away.
• Confusion over court orders or settlement agreements that may have changed the original terms.

In Miami, as well as other Florida cities, courts may examine the evidence presented by all parties, including written documentation, prior communications, and policy forms. Clear evidence of the policyholder’s intent and compliance with state law can be crucial in resolving these disputes.

What to Do If You’re Involved in a Life Insurance Beneficiary Dispute

If you’re an ex-spouse, a current spouse, or another party disputing a life insurance claim in Miami, Florida, it can be important to take immediate steps to protect your interests:

1. Obtain Copies of All Relevant Documents:
   Request a copy of the policy, the most recent beneficiary designation form, and any court orders or settlement agreements related to the divorce.
2. Contact the Insurance Company:
   Notify the insurer of your claim and provide any supporting documents. Be prepared for the insurer to place the funds in an interpleader action if there is a dispute.
3. Consult an Experienced Life Insurance Attorney:
   A knowledgeable life insurance interpleader attorney can help you navigate Florida’s laws, gather evidence to support your claim, and advocate on your behalf during negotiations or court proceedings.

Preventing Future Life Insurance Disputes

If you are recently divorced or in the process of separating, it’s a good idea to review all your financial accounts and insurance policies. Make sure your beneficiary designations reflect your current wishes. Additionally, if you are required by a divorce agreement to maintain an ex-spouse as a beneficiary, keep a copy of the court order and stay in compliance with its terms.

By updating your designations and keeping clear records, you can help prevent costly disputes and ensure that your intended beneficiaries receive the funds they deserve.

Protecting Your Rights in Miami, Florida

Life insurance beneficiary disputes involving ex-spouses can be complex, but they are not uncommon. In Miami and throughout Florida, state laws generally void an ex-spouse’s beneficiary status following a divorce, unless certain exceptions apply. If you’re facing a dispute over life insurance benefits, understanding your rights and acting promptly can make all the difference.

For guidance on these disputes, the Law Offices of Jason Turchin can help. Call us at 800-337-7755 or start a live chat to discuss your situation and learn more about your options.