Can an Ex-Spouse Claim Life Insurance Benefits After Divorce in Florida?
- stephanie26583
- 3 days ago
- 5 min read
Divorce can change many things — your home, finances, and even your last name. But one thing many people overlook is how it affects life insurance policies. If you were once married and your ex-spouse has passed away, you might be surprised to find out you’re still listed as the beneficiary on their life insurance policy. Naturally, you may wonder — am I still entitled to those benefits?
The answer depends on several factors, including Florida law, the type of policy, and whether your ex reaffirmed your beneficiary status after the divorce. At the Law Offices of Jason Turchin, our experienced Florida life insurance lawyers have represented both current and former spouses in life insurance disputes statewide, including Miami, Fort Lauderdale, Orlando, and Tampa. If you’re an ex-spouse trying to claim life insurance benefits, understanding your rights is the first step toward protecting them.
Florida Law and Life Insurance After Divorce
Under Florida Statute §732.703, when a marriage ends in divorce, the law generally revokes any designation of a former spouse as the beneficiary on certain types of accounts and policies — including life insurance.
This means that even if you’re still named on the policy, Florida law treats that designation as void unless one of the following exceptions applies:
The policyholder reaffirmed your beneficiary status after the divorce — for example, by re-signing or re-designating you as the beneficiary.
The divorce decree or settlement agreement explicitly required the policyholder to keep you as the beneficiary.
The life insurance policy is governed by federal law, such as ERISA or FEGLI (for employer-provided or federal employee benefits), which may override state law.
If any of these apply, you may still have a valid claim to the life insurance proceeds.
When an Ex-Spouse May Still Have a Right to Collect Life Insurance
There are legitimate cases where an ex-spouse remains entitled to collect life insurance benefits after divorce. Common examples include:
The Policyholder Wanted You to Remain the Beneficiary
Sometimes, ex-spouses remain on good terms, especially when children are involved or when the deceased wanted to provide ongoing financial support. If your ex intentionally kept you listed as the beneficiary and took steps to confirm that after the divorce, the policy may still be enforceable in your favor.
The Divorce Settlement Required It
In some divorce settlements, one spouse agrees — or is ordered — to maintain a life insurance policy naming the other as a beneficiary. This is often used to secure child support or alimony obligations.
If your divorce agreement includes language requiring the life insurance policy to remain active with you as the beneficiary, you may have a strong legal basis to claim those proceeds.
The Policy Falls Under Federal Law (ERISA or FEGLI)
Employer-provided life insurance policies governed by ERISA or FEGLI are controlled by federal law, not Florida law. In these cases, the insurance company must follow the most recent signed beneficiary designation on file — regardless of divorce.
That means if your ex-spouse never changed the beneficiary and the policy was through their employer, you could still legally receive the benefits, even if you divorced years earlier.
Common Scenarios Where Ex-Spouses Claim Life Insurance Benefits
Every life insurance dispute is unique, but here are common real-world examples:
The insured passed away years after a divorce, and the ex-spouse is still listed as the beneficiary.
The current spouse or children dispute the ex-spouse’s right to claim benefits.
The insurance company refuses to pay the ex-spouse, citing Florida’s revocation statute.
The insurer files an interpleader lawsuit, asking the court to decide who should receive the proceeds.
In all of these cases, working with an experienced Florida life insurance attorney can make a major difference in determining whether you can still legally collect the money.
What to Do if You’re an Ex-Spouse Listed as the Beneficiary
If you’ve discovered that your former spouse passed away and you’re still the named beneficiary, follow these key steps:
Get a copy of the life insurance policy.
Request it directly from the insurer, along with all beneficiary designation forms on file.
Check when the last beneficiary designation was signed.
If your ex confirmed your name after the divorce, that could prove your right to benefits.
Review your divorce decree or settlement agreement.
Look for any clauses about life insurance or financial obligations after divorce.
Do not delay your claim.
Insurance companies often have strict filing deadlines, and waiting too long can affect your rights.
Consult a Florida life insurance lawyer.
These cases can become legally complex, especially when multiple parties claim the same benefits.
The Law Offices of Jason Turchin may review your documentation, contact the insurer, and represent you in any disputes or litigation.
When an Insurance Company Denies or Delays Payment
Even if you have a valid claim, the insurer may still deny or delay payment, especially when multiple parties are involved. Common reasons include:
The company claims your beneficiary designation was revoked by divorce.
Another party (such as a new spouse or child) filed a competing claim.
The policy is unclear, missing, or expired.
The insurer filed an interpleader action, depositing the funds with the court until the dispute is resolved.
An experienced attorney can step in to challenge wrongful denials, negotiate with the insurer, and, if necessary, take the case to court to fight for the benefits you’re entitled to.
How the Law Offices of Jason Turchin Can Help
The Law Offices of Jason Turchin has extensive experience handling life insurance beneficiary disputes, including those involving ex-spouses. Our legal team understands the complexities of Florida’s revocation laws and how they interact with federal statutes. We may be able to help assist with:
Determining whether you still have a legal right to claim the policy.
Communicate directly with the insurer and submit supporting documentation.
Defend your claim if another party contests your right to the benefits.
Represent you in interpleader lawsuits or litigation when necessary.
We handle these cases on a contingency fee basis, meaning you don’t pay attorney’s fees unless we recover money for you.
Why You Need an Attorney for a Life Insurance Claim After Divorce
Trying to handle a life insurance claim after a divorce can be emotionally draining and legally confusing. Even if you believe you’re entitled to the benefits, the insurer may not agree — or another family member might challenge your right.
An attorney familiar with these disputes can evaluate your case, explain your options, and take swift action to protect your interests. The Law Offices of Jason Turchin has helped ex-spouses throughout Florida recover life insurance benefits that insurers initially refused to pay.
Contact a Florida Life Insurance Attorney Today
If you’re an ex-spouse listed as a life insurance beneficiary and need to claim your benefits, don’t wait. The sooner you act, the stronger your case may be.
Call the Law Offices of Jason Turchin today at (800) 337-7755 for a free consultation. We can review your situation, explain your rights under Florida law, and help you fight for the benefits you deserve.