Does common law spouse have rights to a life insurance policy?

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I have been common law for 10 years and my spouse never changed his life insurance policy,he still had only his 2 children as beneficeries on it.They are adults now.Can I legally get a portion of the life insurance policy ?”

Asked July 17, 2018

1 Answer


A common law spouse may have rights to a life insurance policy if they are named as a beneficiary on the policy. A beneficiary is the person who receives the proceeds of the life insurance policy when the insured person passes away. If the common law spouse is not named as a beneficiary on the policy, they may still have some rights to the proceeds of the policy if they can establish that they are entitled to them under the laws of the jurisdiction where they live. This may involve proving that they were financially dependent on the insured person, or that they had an agreement with the insured person that they would receive some or all of the proceeds of the policy. It's important to note that the laws governing common law marriage vary widely between jurisdictions. In some jurisdictions, common law spouses may have the same legal rights and obligations as spouses who are legally married, while in others they may have no legal recognition at all. Therefore, if you are a common law spouse and you believe you may have rights to a life insurance policy, it's important to consult with a lawyer who is familiar with the laws in your jurisdiction to understand your legal rights and options. It's also important to review the terms of the life insurance policy carefully to understand who the named beneficiaries are and how the proceeds will be distributed.

Answered July 18, 2018 by larson82

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