Divorce reshapes every corner of your financial life, and a life-insurance policy is no exception. At King Barnes, our South Jersey life-insurance-and-divorce team, Richard M. King, Jr. and Jeffrey P. Barnes, guides clients through the critical task of matching beneficiary forms to post-divorce realities.

We have helped families in Atlantic and Cape May Counties resolve beneficiary questions quickly and compassionately. Our attorneys know that an overlooked form today can spark costly litigation tomorrow, so we treat every update as mission-critical estate planning.

Ready to protect your loved ones’ future? Call (609) 522-7530 or send us a secure message today. A brief, no-cost consultation with our South Jersey beneficiary-planning attorneys will show you exactly how we can help.

Does Divorce Automatically Remove Your Spouse as Life-Insurance Beneficiary in New Jersey?

New Jersey law automatically revokes an ex-spouse’s beneficiary status once a divorce is final. Under N.J.S.A. 3B:3-14, the former spouse is treated as having pre-deceased the insured, so a private policy’s payout skips the ex and flows to the contingent beneficiary or the estate.

The rule works in practice. In Hadfield v. Lillo (2009) the Appellate Division confirmed that an ex-wife named on an unchanged policy could not collect because the statute had already “removed” her.

Automatic revocation protects policyholders who forget paperwork, yet it is not fool-proof. Until the insurer receives proof of divorce, it might still send the check to the name on file, creating delay or litigation. Updating the form remains the safest choice.

Other states differ. Maryland lacks a broad revocation statute, while New York and Pennsylvania mirror New Jersey. If you divorced elsewhere or hold a policy issued in another state, the outcome could change.

When Can an Ex-Spouse Still Remain the Beneficiary After Divorce?

An ex-spouse may still receive the death benefit when special rules override New Jersey’s automatic revocation.

• Divorce decrees and settlement agreements. Atlantic County family courts often order the income-earning spouse to keep life-insurance in force for alimony or child support. A decree can name the former spouse as an irrevocable beneficiary until obligations end. Removing that beneficiary without court approval violates the order and risks contempt sanctions.
• Intentional re-designation. Some clients want an ex-spouse to provide for shared children. If that is the goal, the insured must complete a new beneficiary form after the divorce is final, expressly naming the former spouse. Re-affirmation beats statutory revocation.
• Employer or union policies (ERISA). Group life-insurance from a casino in Atlantic City or a Cape May hospital is typically governed by ERISA. Federal law pre-empts state revocation statutes, as the U.S. Supreme Court held in Egelhoff v. Egelhoff (2001). Unless the insured signs a new form, the plan must pay the listed beneficiary, even an ex-spouse.
• Federal and military coverage. FEGLI and SGLI policies also ignore state divorce laws. In Hillman v. Maretta (2013), the Court ruled that a named ex-wife kept a federal employee’s policy despite Virginia’s revocation statute. Military families stationed near Joint Base McGuire-Dix-Lakehurst face the same rule.

Unsure which rules control your policy? A brief review by Northfield beneficiary-designation lawyer Richard King or estate-planning attorney Jeff Barnes clarifies the governing law.

What Happens if I Don’t Change My Life-Insurance Beneficiary After Divorce?

Inaction invites unintended outcomes.

• Private New Jersey policy. The ex-spouse is legally removed, but the insurer may pay the wrong person until divorce proof emerges. That delays funds for children and forces heirs to pursue recovery.
• ERISA or federal policy. The ex-spouse keeps the proceeds by default. A new spouse or children must sue, often unsuccessfully, to divert the money.
• Family conflict and litigation costs. We have seen widows in Ventnor and Somers Point spend months in chancery court battling an ex for a $250,000 death benefit—all because a form went unsigned.

Every scenario ends in stress, delay, or loss. Updating beneficiary paperwork promptly shields loved ones from courtroom grief.

How Do I Change My Life-Insurance Beneficiary After Divorce?

Updating the designation is straightforward when you act methodically.

1. Request the change form. Contact the insurer or, for a group policy, your HR department. Ask for the “Change of Beneficiary” form and any online instructions.
2. Complete all sections. Name your new primary and contingent beneficiaries clearly. Provide addresses and percentages. If children are minors, consider a trust or adult custodian.
3. Submit and confirm. Return the form by certified mail or upload it through the portal, then obtain written confirmation. Repeat the process for every policy you own, plus retirement accounts.

Questions arise with notarization requirements, temporary restraining orders during divorce, or cross-state policies. Our South Jersey divorce-beneficiary attorneys at King Barnes often prepare or double-check forms so clients sleep easier.

Special Situations to Consider After Divorce

Remarriage and blended families

Remarrying without updating beneficiaries pits new spouses against former ones. Naming the current spouse, or better, a trust for all children, prevents probate warfare.

Simultaneous death or common disaster events

If both insured and ex-spouse die in the same accident on U.S. Route 9, most policies apply a 120-hour survivorship rule. The payout then defaults to the contingent beneficiary or the estate, so always list a backup.

Policies held in trust

An Irrevocable Life-Insurance Trust is not subject to revocation-on-divorce statutes. Unless the trust terms change, an ex-spouse beneficiary remains. High-net-worth clients should coordinate divorce settlements with trust amendments.

Beneficiary contests and interpleader

When multiple claimants emerge, insurers deposit funds with the Atlantic County Chancery Division and let the court decide. Grounds for contest include fraud, duress, or an incomplete change form. Our New Jersey life-insurance dispute lawyers at King Barnes litigate these cases when planning fails.

Testimonials & Client Success Stories

“I’ve worked with Jeff Barnes and TJ Mooney on three different legal matters including Estate Planning, Civil Litigation and a Real Estate transaction. In every case I have found them and all of the associates at the firm to be professional, knowledgeable, supportive, effective, responsive and at the same time friendly and helpful. I would recommend King-Barnes with top ratings!” – Ellen M.

“Several times over the past few years I have turned to King Barnes to when I have sold and bought my homes, even when I couldn’t attend closing in person. They are always responsive, thoughtful, and make sure I am well supported through the entire process. I will continue to turn to King Barnes whenever I need legal services.” – Kim C.

About the Attorneys – Your South Jersey Family- and Estate-Law Advocates

Richard M. King, Jr. has devoted more than twenty years to family-law clients across Atlantic and Cape May Counties, earning a reputation for meticulous beneficiary planning.

Jeffrey P. Barnes concentrates on estate disputes and complex insurance litigation. His courtroom experience ensures that beneficiary designations stand—or fall—exactly as the law intends.

Together, the South Jersey beneficiary-planning attorneys at King Barnes blend divorce insight with estate savvy so no asset slips through the cracks.

Contact Us for Guidance on Life-Insurance and Divorce

Beneficiary designations should reflect your life today, not yesterday. Call (609) 522-7530 or visit us at 2600 New Road, Northfield, NJ 08225 to schedule a confidential consultation with our New Jersey life-insurance-beneficiary attorneys at King Barnes.

We proudly serve Atlantic City, Cape May Court House, and the entire South Jersey community. Let us secure your family’s future with clarity and compassion.