I often think, if I really get divorced, what about the insurance policy under my name?
First of all, the simplest, bought before marriage and the premium has been settled, then it is personal property, divorce is inseparable; If there is any unsettled part, the insurance premium paid during the marriage belongs to the joint property of the husband and wife, and the other party may request the division of this part at the time of divorce.
In some cases, it is a little more complicated. For example, there has been a critical illness insurance that can realize "mutual protection between husband and wife" in the market recently.
The so-called "mutual insurance between husband and wife" means that husband and wife buy insurance as each other's policyholders. Both policies are exempt from insurance premium.
That is to say, no matter what kind of risks (death, total disability, serious illness or mild illness) occur to one of the spouses, there is no need to pay the unpaid premiums in the later period of the two insurance policies, and the two insurance contracts remain valid.
Husband and wife live a normal life, and this kind of insurance exemption guarantee is very cost-effective and attractive.
However, if the two parties divorce after the insurance, it will be a little more troublesome for the husband and wife to insure each other.
First of all, it should be clear: according to the marriage law, the insurance purchased during the marriage belongs to the joint property of husband and wife (if it is purchased by individuals before marriage, it belongs to personal property), and it should be divided according to the cash value of the policy in principle when divorcing.
Insurance purchased during marriage belongs to the joint property of husband and wife. Generally, there are two ways to insure, and the handling methods for divorce in each way are as follows:
In the first category, they insure themselves during their marriage, instead of taking the form of mutual insurance between husband and wife.
Although both husband and wife are insured with the same property at the time of insurance, if they divorce later, they can give the other half some money compensation (through consultation), so that the insurance they have already purchased will not be affected, and there is no need to change the insured or beneficiary.
For example, during her marriage, Jane insured herself against the insured's critical illness insurance, paying 65,438+0,000 yuan a year, with the insured amount of 300,000 yuan, and paying for 20 years.
In the third year after the insurance, Jane divorced A Qiang, with an accumulated premium of 30,000 yuan and a cash value of 6,543,800 yuan+0.2 million yuan. Then Jane can compensate the other party for an additional 6,000 yuan, because the surrender premium at this time is 6,543,800 yuan+2,000 yuan.
Of course, if A Qiang didn't know Jane's insurance policy, maybe this 6000 yuan could be saved.
In the second category, there are three ways to deal with divorce after husband and wife buy insurance.
1
The first is that both parties need to go to the insurance company to replace the insured and pay the premium themselves instead.
It should be noted that when the husband and wife buy insurance from each other, the change of the insured needs the consent of the other party.
Then, why do you need the consent of the other party to change the insured?
There is a simple reason. The insurance contract is signed by the applicant and the insurance company. If you want to change the applicant, you must reach an agreement with the original applicant, otherwise the insurance company will not accept it. After all, the ownership of the policy belongs to the insured.
After going through the formalities of changing the insured, the insurance contract will remain valid and will not be affected by divorce, but the exemption liability of the insured will become invalid with the change of the insured.
That is to say, after the insured changed to himself, Jane had an accident, and A Qiang's insurance policy still had to be paid by A Qiang. Jane and A Qiang broke up on the insurance level, and there is no dispute.
2
The second way is that two people have a complete quarrel. The husband and wife can't go through the formalities of changing the insured through friendly negotiation, so they can only let the other party void the policy under the other party's name, do the surrender treatment and get back the cash value.
In the past few years, the cash value of long-term critical illness insurance was very low. In fact, everyone could not get back a few dollars after the accident.
But don't acquiesce in the fact that couples can remain rational when they divorce, and some couples still have conflicts, gee.
As mentioned above, the insured has the ownership of the policy, so the surrender is only decided by the insured without the consent of the insured. In this case, we can only hurt each other.
If one party's physical condition becomes worse, it is very likely that he will not be able to insure the critical illness insurance after surrender, so it is better to discuss it as much as possible when divorcing.
three
The third is that although the two parties are divorced, they still pay each other on time every year after divorce (two people can make up the difference privately). The insurance company will not refuse insurance because of divorce, and the exemption of the insured of both husband and wife will continue to be valid.
The only trouble in this situation is to keep in touch with your ex-husband/ex-wife, because once you are at risk, you can tell the other party that you don't need to pay the premium for the other party, and of course, the other party doesn't need to pay for yourself.
After talking about mutual insurance between husband and wife, let's talk about beneficiaries.
The beneficiary of online critical illness insurance is generally himself. If the person who is responsible for the death does not specify the beneficiary of the death insurance, he will be the legal beneficiary by default. It is also distributed among parents, children and spouses.
However, the insured may also designate the beneficiary of the death insurance money, but the consent of the insured is required. If the beneficiary is designated without the consent of the insured, then the designation is directly invalid. For example, after Jane was insured in A Qiang, A Qiang was designated as the beneficiary. Then, after the divorce, Jane can say that the beneficiary who asked for death responsibility was changed to her parents or children without her consent.
Online insurance, many things are actually unclear.
In addition, if the couple who are insured by critical illness insurance have disputes over the beneficiaries after divorce, and the insured fails to go through the formalities of changing the insured or surrendering the insurance, the compensation for critical illness insurance will not be divided with the marriage.
This is why many young girls have to take out high critical illness insurance in order to save money for themselves. Once something really happens in the future, the compensation will not be divided with the divorce.
But if it is death insurance, if the beneficiary is the other party, not the child's, it may be more troublesome:
1. When Jane applied for insurance, the beneficiary was the legal heir by default, and after divorce, the claims were distributed in the order of judicial inheritance, so A Qiang could not get the money.
2. When Jane insured, she only designated the beneficiary as the spouse relationship. After the divorce, Jane died unfortunately, and A Qiang, as her ex-husband, could not get compensation, because her beneficial right was lost with the dissolution of marriage; If Jane remarries, the compensation will be given to her new husband.
3. When Jane handles insurance, she designates the beneficiary as the spouse, and states the name of the other party, that is, "husband A Qiang". After the divorce, A Qiang's designation of beneficiary was invalid, because she was not a husband, and the right to claim became a disposable inheritance, but A Qiang still could not get any money.
When Jane is insured, the designated beneficiary is A Qiang's name, so if Jane doesn't change the beneficiary, the compensation for her death after divorce will be given to A Qiang.
Therefore, unless the designated beneficiary directly writes "A Qiang", the death compensation in critical illness insurance has nothing to do with her ex-husband A Qiang, regardless of the legal beneficiary "husband" or "husband A Qiang".
Don't feel so troublesome, just write about children, simple and simple. But have you ever thought about what to do if the custody of underage children is given to the husband after divorce?
Or the beneficiary writes about his parents. If you have more brothers and sisters, don't say how much you can leave for your children. These brothers and sisters who can't take care of themselves should be separated.
So, legal relationship should be well thought out, right?
Legal matters are a little bypassed. To sum up:
1. If you insure yourself, the premiums paid during the marriage belong to the same property, and you can pay half of the cash value to the other party at the time of divorce, and the policy will remain valid.
2. Husband and wife protect each other, or continue to pay for each other, and the protection is still effective; Either replace the other applicant with yourself, but the policy is still valid; Either surrender to each other, and neither guarantee is valid.
3. In case of serious illness, the claim is not divided according to divorce; In case of death, unless the designated beneficiary writes the husband's own name "A Qiang", in the case of the legal beneficiary "husband" and "husband A Qiang", the compensation has nothing to do with the ex-husband.