My dad died suddenly at the end of July. I’m 22 (female), and he also had a younger daughter who’s almost 4. He divorced my mom in 2015 and got remarried in 2016, but he never updated the life insurance policy. Right now, the policy lists my mom as the main beneficiary, and I’m the backup. My mom believes that a Wisconsin law stops her from getting the money because they were divorced, but their divorce papers don’t mention life insurance payouts. I’ve seen some laws about it, but I’m confused. My mom doesn’t even want the money and wants it to go to me to split with my sister.
We both filed claims last week with the divorce papers attached, but I don’t know if I’m actually getting anything. Anyone know what to expect here? Thanks for any advice.
The insurance company will pay your mom, as she’s listed as the primary beneficiary. Sometimes, courts may make an ex stay as the beneficiary if there are still things like child support or alimony to pay. The insurance company won’t care why your mom is still listed—they just pay whoever the policy says.
Your mom could refuse the payout, and then the company would pay you as the backup.
My parents divorced too, and when my mom passed, my dad was still listed as the beneficiary. He had to fill out a form giving up the money, and then it went to me and my sibling. I’m not in Wisconsin, but I don’t think there’s a law that can override a named beneficiary. You can list anyone—family, friend, anyone.
@Lior
In 26 states, they stop the ex from getting life insurance money after a divorce. My mom’s not planning to sign anything even though she says it should go to me.
Insurance companies don’t look at divorce. They just follow who’s listed as the beneficiary. So if your mom is the one named, she’ll get the money. She can choose to turn it down and then it would go to you.