Daming and Xiaomei are planning to divorce, but they don’t know how to handle the insurance policies they have insured against each other. In this case, how should the insurance policies be handled? Are insurance policies considered property?

When getting married, husband and wife are often each other’s insurance policy holders, insureds or beneficiaries. When handling the policy during divorce, remember to pay attention to the following points: ◎Change the beneficiary

The beneficiary will not automatically change or become invalid due to divorce. Therefore, if an accident occurs after divorce, the compensation may be obtained by the ex-wife or ex-husband. Therefore, the insurance beneficiary can be changed according to the situation during divorce. For example, the beneficiary of Da Ming Life Insurance is named Xiao Mei. If Da Ming dies after the divorce, Xiao Mei can still receive Da Ming's compensation. If Da Ming does not want Xiao Mei to receive his death compensation, Da Ming should change the beneficiary of the insurance. .

In addition, the beneficiary can also fill in the form of a minor, such as a child studying in an elementary school in Daming. If Daming is worried that the child will still be underage after his death, Xiaomei may apply for the use of the claim as the mother of the child. At this time, Daming can further apply for a trust from the bank. ◎Change the policy holder

The policy holder can apply for a policy loan, change the beneficiary, apply for a contract change, etc. If the requesting guarantor is different from the insured, the insured cannot exercise the policy rights of the policy holder. Therefore, when negotiating a divorce, it is best to confirm who the policy guarantor is to avoid being unable to exercise the policy rights. For example, Xiaomei’s life insurance policy holder was Daming. When she divorced, Xiaomei did not change the policyholder. Although Xiaomei later paid the premium, Xiaomei lost contact with Daming after the divorce. If Xiaomei later wanted to change the policyholder, she would benefit. People still need the signature and approval of ex-husband Daming. Since there is no relationship between husband and wife after divorce, in order to avoid disputes that may arise due to the lack of "insurance interest" between the claimant and the insured during claims settlement, it is best to change the proposer. In addition, as a reminder, if the insured does not change after the divorce and the insured has doubts about his own safety, he can cancel the policy by not agreeing to be the insured according to Article 105, Paragraph 2, of the Insurance Law. However, The actual situation still depends on how the insurance company handles it.

◎Should the policy be classified as property?

Policies with premiums should be classified as property because they have value. When getting married, if the two parties do not agree on the property system, it will be regarded as the legal property system. When divorcing, the economically weaker party can exercise the right to request the distribution of the remaining property. Among them, insurance policies purchased after marriage will be regarded as required. The policy is the property of the guarantor. Unless the guarantor can prove that the policy was purchased with "property obtained through inheritance or other free payment" or "solace money", the policy should be classified as property. For example, if Daming and Xiaomei have not agreed on property, the legal property system of the civil law will apply. If Daming has more property than Xiaomei at the time of divorce, then Xiaomei can exercise the "right to claim for the distribution of the remaining property of the husband and wife." Among them, the property purchased after marriage is The insurance policy should also make property distribution based on its value.

835 I suggest that when signing an insurance contract, in addition to the existence of insurance interests between the proposer and the insured, you should also pay attention to how to fill in the names of the proposer and beneficiary. , so as to avoid the subsequent problems of changing the policy on death.

Reprinted with permission from Insurance e-Chat Station Original source: Couple’s insurance policy, what should you pay attention to when getting divorced?