In Texas does your legal spouse have to be named as your beneficiary even if you have not been together for 12 years but are not divorced?

Answer 1

From an Insurance agent NO, your spouse does not have to be named as your beneficiary in Texas nor any other State in the USA. You may name any beneficiary you like. A spouse, a Sibling, a Grandchild or other person you choose. It is very common for some people to have multiple policies in place with different beneficiaries named.

Although Texas is a community property state, an "Insurance Policy" is NOT a piece of Property. It is also NOT taxable income and it is NOT a part of the deceased's estate unless no beneficiary was named. Community property laws do not apply, Contract Law does apply.

A life insurance policy is an "Insuring Contract" between you "the Insured" and the "Insurer" to pay a specified amount upon your demise for whatever covered reasons to be paid to the beneficiary you name. Your husband whether current or past at the time of your death would have no claim unless he was named as a beneficiary on the policy.

Answer 2

A life insurance policy, like any other kind of insurance policy, is a contract. When you buy one, you are asked to designate a beneficiary. You are free to designate anyone or anything that you wish (such as a charity). The designation will be recognized as long as the insurer (or someone else) believes that you were pressured into the decision or had a nefarious reason to designate him/her/it. If you do not designate a beneficiary, the proceeds will be paid to your estate. If you have a Will and have not included your wife as a beneficiary of the Estate, the proceeds of the policy will pass to the designated beneficiaries (of the Estate) with the rest of the property. If you do not have a Will, since you have not been divorced as of the time of your death, your wife may have a claim to the Estate.

THIS IS A GENERAL ANSWER ONLY AND NOT INTENDED AS LEGAL ADVICE. I AM NOT LICENSED TO PRACTICE LAW IN TEXAS.

Answer 3

You can name as your beneficiary who ever you wish to name as your beneficiary. The government cannot tell you what to do in your personal matters this is against the law. It goes against our freedom of choice stated in the constitution. Look it up. So you can do whatever you'd like.

Answer 4

some of the answers here are a bit lacking. This topic is a bit more complex. How for example was the policy paid for? If "common" monies were used then it can easily be argued both spouses paid for it and so both are required to agree to the beneficiary. If one spouse did not tell the other about the policy you may now have a case of fraud.