What to Do If Your Loved One’s Life Insurance Claim Is Denied Due to Divorce

Can a Divorce Affect a Life Insurance Claim in Florida?

Divorce can complicate life insurance claims, leaving beneficiaries confused and frustrated when an insurance company denies a payout. If your claim was denied because of a past divorce, you may still have legal options to fight for the benefits you are entitled to.

At the Law Offices of Jason Turchin, we help life insurance beneficiaries in Florida appeal denied claims, especially those involving divorced spouses and disputed beneficiaries.

Why Would a Life Insurance Claim Be Denied After a Divorce?

Insurance companies may deny a life insurance claim after a divorce for several reasons, including:

• Beneficiary Revocation Laws: Florida law may automatically revoke an ex-spouse as a beneficiary unless the policyholder reaffirmed them after divorce.
• Conflicting Beneficiary Designations: If multiple documents list different beneficiaries, disputes may arise.
• Court-Ordered Life Insurance: Some divorce settlements require life insurance for alimony or child support, but insurers may still deny claims.
• Failure to Update the Policy: If the deceased never updated their life insurance after the divorce, the insurer may challenge the claim.
• Interpleader Lawsuits: If multiple parties claim the same benefit, the insurance company may file an interpleader, asking the court to decide who gets the money.

Florida Law on Life Insurance and Divorce

Florida has a law that automatically revokes an ex-spouse as a beneficiary unless certain conditions apply. Under Florida Statute § 732.703, an ex-spouse may lose their right to life insurance benefits unless:

• The policyholder reaffirms them as the beneficiary after the divorce.
• The divorce settlement specifically states that the ex-spouse must remain a beneficiary.
• The policy is governed by federal law, such as an ERISA-regulated policy.

Because of this law, many surviving ex-spouses are shocked to learn that their claim has been denied, even if they were listed as the beneficiary.

What to Do If Your Life Insurance Claim Was Denied After a Divorce

If your claim was denied due to a past divorce, here are the steps you should take:

1. Review the Denial Letter

The insurance company is generally required to provide a reason for the denial. Check if they cite Florida’s revocation law, policy lapse, or another reason.

2. Gather All Relevant Documents

Collect any evidence that may support your claim, such as:

• The original life insurance policy
• Beneficiary designation forms
• The divorce decree or settlement agreement
• Any written confirmation from the policyholder reaffirming your status as the beneficiary

Can an Ex-Spouse Still Collect Life Insurance Benefits?

Yes, an ex-spouse may still receive benefits if:

• The policyholder reaffirmed them as a beneficiary after the divorce.
• The divorce settlement explicitly required the policyholder to keep them as the beneficiary.
• The life insurance policy is governed by federal ERISA law.
• Other reasons.

Even if the insurance company initially denies the claim, legal action may still recover the benefits.

How Long Do You Have to Appeal a Denied Life Insurance Claim?

Most life insurance policies allow a limited time to appeal a denied claim, often within 30 to 60 days. If an interpleader lawsuit is filed, the case will go through Florida’s court system, which may have different deadlines.

Because timing is often critical, contacting an attorney as soon as you receive a denial may be the best way to protect your rights.

Need Help With a Denied Life Insurance Claim Due to Divorce?

If your life insurance claim was denied due to a past divorce, you may still be entitled to benefits. The attorneys at the Law Offices of Jason Turchin can help clients fight unfair denials and navigate life insurance disputes throughout Miami, Fort Lauderdale, Tampa, Orlando, and all of Florida.

📞 Call us today at 954-515-5000 for a free consultation. You won’t pay any fees or costs unless we win or settle your case.