Glossary

Revocation-on-divorce statute

A state law that automatically cancels an ex-spouse's designation as beneficiary when a marriage ends, unless the owner names them again.

Also called: revocation upon divorce, automatic revocation statute, divorce revocation law

A revocation-on-divorce statute treats a former spouse as if they had died before the insured, for purposes of beneficiary designations made before the divorce. Many states have adopted such laws, often modeled on the Uniform Probate Code, and many apply them to life insurance as well as wills. The policy then pays the contingent beneficiary or, if there's none, the owner's estate.

In Sveen v. Melin (2018), the U.S. Supreme Court upheld Minnesota's statute even as applied to a policy bought before the law covered life insurance, ruling that it didn't violate the Constitution's contracts clause. Hypothetically, if a man named his wife as beneficiary, divorced her and never updated the form, such a statute could send the proceeds to his children as contingent beneficiaries instead of to his ex-wife.

The laws have important limits. They vary by state, may not apply if the divorce decree requires keeping the ex-spouse as beneficiary, and generally don't reach employer group life governed by ERISA: in Egelhoff v. Egelhoff (2001), the Supreme Court held that ERISA preempts such state laws for plan benefits. The safest course is to update designations yourself after a divorce. See divorce and your ex as beneficiary: revocation-on-divorce laws and life insurance and divorce.

Last reviewed October 4, 2026

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Related terms

Beneficiary designation The signed instruction on file with an insurer naming who receives a policy's proceeds, in what shares and in what order. Revocable beneficiary A beneficiary the policy owner can change or remove at any time without that person's consent, the default for most life policies. ERISA The 1974 federal law governing most private employer benefit plans, including group life insurance, which sets claim procedures and overrides many state laws. Community property A marital property system in which most assets and income acquired during marriage belong equally to both spouses, which can affect a policy and its payout. Primary beneficiary The person, trust, charity or estate first in line to receive a life insurance death benefit when the insured dies.

Related guides

Life insurance beneficiary disputes and interpleader When two people claim one death benefit, insurers file interpleader. How Rule 22 and 28 U.S.C. 1335 work, and what claimants should do. Employer life insurance, ERISA and beneficiary disputes How ERISA governs workplace life insurance beneficiary fights: the plan-documents rule, Egelhoff, Kennedy, claim deadlines and how to protect your form. Divorce and your ex as beneficiary: revocation-on-divorce laws Whether divorce removes your ex as life insurance beneficiary depends on state law, the type of policy and your decree. Compares Texas, Florida and the UPC. Life insurance and divorce What happens to life insurance in a divorce: court-ordered coverage, who owns the policy, revocation-on-divorce laws, why ERISA plans differ, and a checklist. Life insurance in blended families Stepchildren are not automatic heirs. How beneficiaries, trusts and separate policies can protect a new spouse and children from earlier relationships.