Often listen to the neighborhood square dancers said, "Now the young ah, bickering things more and more trivial, big to buy a house, small to who cooks and washes the dishes, not moving to divorce, look, room 304 that the two couples is."
I often think, really if the divorce, that name of the policy how to deal with it?
First of all, the simplest, bought before marriage and premiums have been settled, then it is personal property, divorce is not divided; if there is not settled part of the marriage premiums belong to the husband and wife **** the same property, the other party can ask for a division of this part of the divorce.
And some cases are a little more complicated. For example, the recent emergence of the market can realize the "husband and wife mutual insurance" of the critical illness insurance.
The so-called "husband and wife mutual insurance", that is, the husband and wife as each other's policyholder to buy insurance, the two policies, with the policyholder premium waiver responsibility.
That is to say, as long as one of the husband and wife no matter what kind of risk (death, total disability, critical illnesses, minor illnesses), the two policies late unpaid premiums do not have to pay again, the two insurance contracts continue to be effective.
Couples living a normal life, this policyholder exemption protection is very cost-effective attractive.
However, if the couple is divorced after taking out the policy, this mutual insurance is a little more troublesome.
First of all, it should be clear: according to the provisions of the Marriage Law, the insurance purchased during the marriage belongs to the husband and wife **** the same property (if it is a pre-marital personal buy, belongs to the personal property), divorce, in principle, according to the cash value of the policy to do the division.
The insurance purchased during the marriage belongs to the husband and wife **** the same property, there are generally two types of insurance, each type of way under the divorce is dealt with as follows:
The first type, the marriage of their own to their own insurance, do not take the husband and wife of the way of mutual insurance.
Although the insurance is insured with husband and wife **** the same property insurance, if the two sides in the future divorce, you can give the other half of some monetary compensation (both sides of the negotiation), so it does not affect the insurance has been purchased, and do not have to change the policyholder or beneficiary.
For example, Zhen took out a critical illness insurance policy with herself as the insured during her marriage, paying 10,000 RMB per year, with a sum insured of 300,000 RMB and 20 years of premiums.
In the third year after the policy was taken out, Precious divorced Keung, and the cumulative premiums paid amounted to $30,000, with a cash value of $12,000, so Precious can compensate the other party with an additional $6,000, because the surrender of the policy at this time is also $12,000.
Of course, if Ah Qiang did not know about this policy of Precious, maybe this 6000 dollars saved.
In the second category, when a married couple divorces after taking out mutual insurance, there are three ways to handle it.
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The first is that both parties need to go to the insurance company for the change of policyholder, to pay their own premiums.
It is important to note that when you buy insurance as a couple, you need to get the consent of the other party to change the policyholder.
So why do you need the other party's consent to change the policyholder?
The reason is simple, the insurance contract is signed by the policyholder and the insurance company, if you want to change the policyholder, you must have the consent of the original policyholder, otherwise the insurance company will not accept, after all, the ownership of the policy is in the policyholder.
After the change of policyholder, the insurance contract will not be affected by the divorce, but the policyholder's exemption will be invalidated with the change of policyholder.
That is to say, after the change of policyholder to himself, after Zhen's accident, Ah Qiang's policy still has to be paid by Ah Qiang, Zhen and Ah Qiang in the level of insurance is a slap in the face, no longer entangled.
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The second way is that when two people are completely broken up, the couple can't negotiate a change of policyholder, and they can only let each other's policies lapse, do the surrender process, and get the cash value back.
Long-term critical illness insurance in the first few years of the cash value are very low, the breakup of the fact that each person will not get back a few dollars.
But don't ever default to couples who are still rational in a divorce, some of the two couples have a falling out, tsk tsk.
As mentioned above, the policyholder owns the policy, so surrendering the policy is only up to the policyholder and does not require the consent of the insured, which can only hurt each other in this case.
And if one party's health deteriorates, it is likely to appear after the surrender is no longer able to insure critical illness insurance, so the divorce or try to talk about it.
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The third is that although the two sides are divorced, but after the divorce each year on time to pay each other (two people can privately make up the difference), the insurance company will not refuse to accept the premiums because of the divorce, the husband and wife's policyholder exemption is still in effect.
The only trouble in this case is to always keep in touch with your ex-husband/ex-wife, because once you are at risk, you can tell them that you don't need to pay premiums for each other anymore, and of course, the other person doesn't need to pay for themselves.
After talking about mutual insurance for couples, let's talk about beneficiaries.
The beneficiaries of online critical illness insurance are generally themselves, with the death of the liability, if there is no designated beneficiary of the death benefit, the default is the legal beneficiary. It is also divided between is parents, children, spouses.
However, the policyholder can also designate the beneficiary of the death benefit, but subject to the consent of the insured. Designation of beneficiaries without the consent of the insured, then the act of designation is directly invalid, for example, Ah Qiang to Precious after the insurance, designate Ah Qiang himself as the beneficiary, then after the divorce, Precious can say that the original without their consent, require the beneficiary of the death of the responsibility to change to their parents or children.
On-line insurance, a lot of things are actually not clear.
In addition, if there is a dispute over the beneficiary after the divorce of the couple who mutually insured the critical illness insurance, in the absence of a change of policyholder procedures or surrender of the policy, the insured person suffered a serious illness, the critical illness claim is not divided with the marriage.
This is why many young girls save money for themselves to insure a high amount of critical illness insurance, once the future of the real problem, the claim is not divided with the divorce.
But if it is the death benefit, the beneficiary if the other party, not the child, may be more troublesome:
1. When Zhen insured, the beneficiary default for the legal heirs, according to the order of the judicial succession after the divorce to distribute claims, Aqiang can not be divided into money.
2. When Precious was insured, the beneficiary designation was only for the spousal relationship, and when Precious died after the divorce, Ah Qiang, as the ex-husband, could not get the claim because his right to benefit was lost with the dissolution of the marriage; if Precious had remarried, the claim would have been paid to the new husband.
3. When Precious took out the policy, she designated the beneficiary as her spouse and wrote the name of the other party, which was "husband Qiang". After the divorce, Qiang was not her husband, the beneficiary designation was invalidated, and the claim became an inheritance to be processed.
4. When Precious was insured, the beneficiary designation was Keung's name, so if Precious didn't change the beneficiary, the death claim after the divorce would have to go to Keung.
So, unless the designated beneficiary is directly named "Ah Qiang", no matter whether it is the legal beneficiary, "husband" or "husband Ah Qiang", these three ways of writing, the death benefit in the critical illness insurance will not be paid. The first thing you need to do is to get your hands on a new car, and you'll be able to get it to work. But have you ever thought, in case the custody of minor children after the divorce to the husband?
Or beneficiaries write their own parents, if you have more than a few siblings, then the claim will not be able to say how much they can leave for their own children, it is not allowed to their own side of these siblings will be divided up.
So, the legal relationship has to be well thought out, right?
The legal stuff is a bit roundabout, insured critical illness insurance divorce processing, summarized:
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2. Couples insure each other, either continue to pay for each other, the protection is still in effect; either change each other's policyholder for their own, one shot, but the policy is still valid; or surrender each other, the two coverage are invalid. "Husband Qiang" in these three cases, the claim has nothing to do with the ex-husband.