Document Type
Article
Publication Date
5-2017
Abstract
It's a common scenario: A spouse takes out a life insurance policy during the marriage and designates the other spouse as the beneficiary. Subsequently, they divorce, and the spouse who purchased the policy neglects to change the beneficiary designation. Is the former spouse who is named as the beneficiary entitled to collect the proceeds to the policy after the death of the spouse who purchased the property? Based on FS. §732.703, the answer should be no. But, can a former spouse defeat application of the section by arguing that the section violates his or her constitutional right to freedom of contract, or that the section violates his or her vested rights as a beneficiary under the policy? As will be shown below, based on the Uniform Probate Code and the rulings of other states with similar revocation on death statutes, the answer to that question should also be no.
Recommended Citation
Donna Eng, & Scott Konopka, Is F.S. §732.703 Susceptible to a Constitutional Challenge by a Former Spouse Whose Claim for Benefits is Denied?, 91 Fla. B.J., May 2017, at 9.