The Gray Divorce Podcast: Episode 75 Dealing with Insurance in Divorce

Andrew Hatherley |

Andrew explores the role of life insurance in divorce, from protecting alimony to dividing cash value policies fairly.  

Types of Life Insurance—What You Need to Know

Andrew provides a simple primer on the main categories:

  • Term Life Insurance:

    • Temporary and inexpensive
    • Pure protection without cash value
    • Ideal for securing spousal support
  • Permanent Life Insurance: 

    • Includes several subtypes:
      • Whole Life: Guaranteed death benefit, fixed premiums, and cash accumulation
      • Universal Life (UL): Flexible premiums and death benefit, interest-based growth
      • Indexed UL: Growth tied to market indexes, with floors and caps
      • Variable UL: Higher growth/risk with investments in subaccounts
      • Guaranteed UL: Lifelong coverage with little/no cash value—hybrid between term and whole

Life Insurance for Spousal Support

Andrew discusses how life insurance is commonly used to secure alimony or spousal support, including:

  • Why life insurance is often court-mandated in settlements
  • Matching coverage amounts to the total alimony obligation
  • Importance of naming the recipient as owner and irrevocable beneficiary
  • Using term insurance to match the support duration cost-effectively
  • Alternative strategies when life insurance is unaffordable or unavailable
  • Getting medical underwriting done before divorce is finalized

Dividing Cash Value Insurance in Divorce

When cash value policies appear on the marital balance sheet, Andrew shares:

  • How to determine whether a policy is marital vs. separate property
  • Why you should always evaluate the cash surrender value (not the death benefit)
  • Common division methods:
    • Cancel and split value
    • One spouse retains; other gets offset
    • Transfer ownership
    • Use policy to secure support
  • Importance of reviewing beneficiary designations, premium responsibilities, and tax implications

A Warning About Overexposure

Andrew cautions listeners about clients with the majority of their assets in insurance—particularly in cases where:

  • Complex products were aggressively sold, not strategically planned
  • Professionals like doctors, lawyers, and business owners are over-targeted
  • The policyholder lacks financial literacy to evaluate product risks
  • 90% of assets in insurance = major red flag

Final Advice

Andrew emphasizes:

  • Life insurance can be invaluable in the right situations
  • Don’t rely solely on product sellers, vet your advisor
  • Look for someone who is:
  • Well-informed on estate and divorce planning
  • Able to explain benefits and tradeoffs clearly
  • Focused on your needs—not commissions

Resources

Website: www.transcendretirement.net

Contact Andrew: Via the website for questions about insurance and divorce