My ex-spouse is still named as the beneficiary on a life insurance policy after our divorce. Who gets the money?

Life insuranceWho paysMinnesotaTexasChecked Nov 7, 2026

From K.Actuary, founded by Sangmin Kwon, ASA · sources checked 2026-11-07 · Source: Texas Legislature · Texas Family Code · Sec. 9.301(a) View original ↗

In short

In some states, divorce can cancel an ex-spouse as beneficiary.
Tell the insurer in writing now, before it pays.
In Texas, the notice must reach the insurer's home office.

What this means

Many states have a rule that divorce cancels a beneficiary naming of the ex-spouse. In Texas, if the divorce came after the spouse was named, the naming is not effective. There are three exceptions. The divorce decree names the ex-spouse, the insured names the ex-spouse again after the divorce, or the ex-spouse is named to hold the money for a child or dependent [1].

If the naming is not effective, Texas pays the money to the backup beneficiary. If there is none, it goes to the insured person's estate [2]. But timing matters. A Texas insurer that already paid the ex-spouse owes the others only if it got written notice at its home office before it paid, and did not put the money with a court [3].

The U.S. Supreme Court upheld a Minnesota law like this [6]. It said the person can still rename the ex-spouse if they want to [4]. The Court said 26 states have laws like this [5]. These sources cover Texas and Minnesota, and rules in your state may differ.

Your next step

Send a written notice to the insurer's home office before it pays. Say the ex-spouse naming is not effective because of the divorce, and attach the divorce decree [3]. The sources give no deadline in days, but in Texas the notice must arrive before the insurer pays.

Check it yourself

Get the divorce decree and the last beneficiary form. Check if the decree names the ex-spouse or if the person renamed them after the divorce [1]. These sources cover Texas and Minnesota, and rules in your state may differ. If the policy came through a job plan, these sources do not say which rule wins — "Don't know yet". Ask your state insurance department or a lawyer.

Where this comes from (6)

[1] Texas Legislature · Texas Family Code · Sec. 9.301(a) · checked 2026-11-07
If a decree of divorce or annulment is rendered after an insured has designated the insured's spouse as a beneficiary under a life insurance policy in force at the time of rendition, a provision in the policy in favor of the insured's former spouse is not effective unless: (1) the decree designates the insured's former spouse as the beneficiary; (2) the insured redesignates the former spouse as the beneficiary after …
[2] Texas Legislature · Texas Family Code · Sec. 9.301(b) · checked 2026-11-07
If a designation is not effective under Subsection (a), the proceeds of the policy are payable to the named alternative beneficiary or, if there is not a named alternative beneficiary, to the estate of the insured.
[3] Texas Legislature · Texas Family Code · Sec. 9.301(c) · checked 2026-11-07
(1) before payment of the proceeds to the designated beneficiary, the insurer receives written notice at the home office of the insurer from an interested person that the designation is not effective under Subsection (a); and (2) the insurer has not interpleaded the proceeds into the registry of a court of competent jurisdiction in accordance with the Texas Rules of Civil Procedure.
[4] Supreme Court of the United States · Sveen v. Melin, 584 U.S. 811 (2018) · Syllabus, page 811 · checked 2026-11-07
Under the statute, if one spouse has made the other the beneficiary of a life insurance policy or similar asset, their divorce automatically revokes that designation so that the insurance proceeds will instead go to the contingent beneficiary or the policyholder's estate upon his death. The law does this on the theory that the policyholder would want that result. But if he does not, he may rename the ex-spouse as ben…
[5] Supreme Court of the United States · Sveen v. Melin, 584 U.S. 811 (2018) · Opinion of the Court · checked 2026-11-07
Agreeing with that assumption, 26 States have by now adopted revocation-on-divorce laws substantially similar to the Code's.
[6] Supreme Court of the United States · Sveen v. Melin, 584 U.S. 811 (2018) · Syllabus, page 811 · checked 2026-11-07
Held: The retroactive application of Minnesota's statute does not violate the Contracts Clause.

How we found this

We matched your question to 6 official sources, quoted the exact lines, and re-checked each quote against its source on 2026-11-07.

What we don’t know yet

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Information only — not legal advice. Your plan, insurer or agency decides.

This answer quotes the official sources listed above, with the date we checked them. Your own policy, notice and state rules control. We are not your lawyer or your insurer. We don’t file, argue or negotiate claims for you — you send any letter or form yourself.

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