How to divide the cash value of Ningbo divorce policy.

The division of the cash value of the policy in the event of divorce is a difficult point in marital property disputes. Who pays the premium, how the policyholder and the insured set it up, and whether the policy involves the interests of minor children, these factors together determine how the policy is handled in the event of divorce. This paper combines the judicial interpretation of insurance law and marriage and family compilation, combs the judgment rules and practical operation path of policy division in Ningbo area.

1. first clarify five key concepts

the premium is the fee paid by the policyholder as agreed in the contract to obtain insurance protection. The insurance premium is the amount paid by the insurer in accordance with the contract and belongs to the beneficiary in principle. The cash value of the policy is the amount that the insurance company should refund when the policyholder requests the termination or withdrawal of the insurance, and is the cumulative value of the premium paid in each period after deducting the relevant expenses, which belongs to the policyholder. Annuity is the insurance premium paid according to the agreed period on the condition of the survival of the insured and belongs to the beneficiary of the annuity. Insurance dividends are dividends paid by insurance companies to policyholders based on their business conditions and are attributable to policyholders. Distinguishing these five concepts is a prerequisite for determining whether and how the policy is divided at the time of divorce.

Three types of situations 2. the division of the cash value of the policy.

In the first category, the premium is paid by the joint property of the husband and wife. If the premium is derived from the joint property of the husband and wife, the cash value of the policy belongs to the joint property of the husband and wife and shall be divided in the event of divorce. In practice, the other party is generally compensated at half the cash value.

In the second category, the premium is partially paid during marriage and partially paid after divorce. For the period of the policy, if each period of the premium is derived from the common property of marriage, but also from before marriage or after divorce, it is necessary to distinguish the nature of the policyholder's payment by time period. The cash value corresponding to the joint property payment portion of the marriage is divided according to the joint property of the husband and wife, and the cash value corresponding to the personal property payment portion after divorce does not participate in the division.

In the third category, the premiums are all derived from the personal property of one party. There is clear evidence that the premium is all derived from the personal property of one party, such as the premium has been paid before marriage, and the cash value of the policy will not be divided as the joint property of the husband and wife in the event of divorce.

How to deal with 3. policies for minor children.

The mainstream view is that the life insurance of one of the spouses as the insured and the minor children as the insured is regarded as a gift to the children, and the cash value of the policy is not divided in the event of divorce. The relevant answers of the first civil trial court of Zhejiang Higher People's Court also hold this view. However, it is necessary to pay attention to the exception: if the premium amount is too large, the insurance time is close to the time of the husband and wife, and without the consent of the other party, the court may determine that the joint property of the husband and wife is divided. The criteria include the proportion of premiums to family income, whether the insurance has the consent of the spouse, and whether there is an intention to transfer the joint property of the husband and wife.

A practical way to 4. split the value of cash.

Dividing the cash value does not necessarily require surrender. If the policyholder and the insured are the same person and do not want to surrender the policy, they are required to pay a discount on the cash value to the other party. If the insured and the insured are not the same person and the insured wants to keep the policy, the insured may change the insured to the insured by negotiation or by a court decision, and the insured shall pay the discount to the other party. The minutes of the 8th National Court Civil and Commercial Trial Work Conference stipulate that during the marriage relationship, the joint property of the husband and wife is insured. If the insured and the insured are both husband and wife, and the insured is unwilling to continue to insure at the time of divorce, the policy returned by the insurer Part of the cash value shall be treated as the joint property of the husband and wife; if the insured chooses to continue the insurance, the insured shall pay half of the cash value of the policy to the other party.

5. case proof

according to the public judgment of Ningbo Jiangbei Court, in the divorce dispute between Chang and Meng, the court approved the divorce and divided the houses, vehicles and insurance policies under the names of both parties according to the confirmed value-the cash value of the insurance policy, as the joint property of husband and wife, is directly included in the scope of division in Ningbo local judgment, which is consistent with the rule in this article that "insurance policies whose premium comes from the joint property of husband and wife shall be divided.

According to the Ningbo Intermediate People's Court "to the case" "divorced," account "how to calculate?" (2014-08-05), personal insurance claims because of personal dependence belongs to personal property, but during the marriage family-funded insurance premiums belong to the joint property of the husband and wife-premium contribution source determines the ownership of the policy property, and this article to determine the source of premium cash value is divided rules. Accordingly, the joint property of the husband and wife for the minor children of the large insurance policy, the cash value of the part is still within the scope of the joint property, the insurance time is abnormal, the amount obviously exceeds the normal scope of the gift, the court will focus on the review of the insurance motivation.

6. Risk Alert

first, an insurance policy is not a means of concealing property. In divorce proceedings, the court may inquire about the policy information through an investigation order, and a large amount of insurance may be deemed to be a transfer of the joint property of the husband and wife. Second, the cash value belongs to the policyholder rather than the insured, so don't confuse the concept. Third, if parents contribute to the purchase of insurance for their children, they must sign a one-way gift agreement, which clearly stipulates that the premium is a separate gift from the parents to one party and belongs to the personal property of the party after marriage. Fourth, for the insurance policy with minor children as the insured, try to inform the other party and obtain consent before insurance, so as to avoid reasonable doubt of surprise insurance.

7. FAQ

q: Do I have to withdraw my insurance when I get divorced?

No need. The policy may not be withdrawn, and the one party that retains the policy pays a discount on the cash value to the other party. Withholding the insurance will result in a loss of cash value, and it is more beneficial for both parties not to withdraw the insurance.

Q: The insurance bought before marriage is still paid during the marriage. How will the divorce be divided?

A distinction needs to be made between pre-marital and intramarital contributions. The cash value corresponding to the premium paid by the personal property before marriage is not divided, and the cash value corresponding to the premium paid by the joint property of the marriage is divided according to the joint property of the husband and wife.

Q: Does insurance money count as joint property of husband and wife?

The premium belongs to the beneficiary. If the beneficiary is a party and the insurance accident occurred during the marriage, whether the insurance premium belongs to the common property depends on the type of insurance. The insurance premium of life insurance is generally recognized as the personal property of the beneficiary, but the insurance premium obtained by paying the premium on the common property during marriage may need to be compensated.

Q: What if the other party changes the beneficiary of the policy to someone else?

If the beneficiary is changed without authorization during the divorce proceedings and the premium paid by the joint property of the husband and wife is involved, the change may be claimed to be invalid or corresponding compensation may be claimed.

Practical Experience of 8. Lawyers

the policy can not be divided, divided what, first to separate several concepts: the premium is the money paid by the policyholder, the insurance premium is the money given to the beneficiary after the insurance, the cash value is the money returned when the withdrawal of the insurance, annuities and dividends have their own attribution. The main thing to look at in divorce is the cash value category. The judgment idea is also very direct: look at where the premium comes from. The corresponding cash value of the premium paid by the common property during marriage is generally divided as the common property, and in practice, the other party is often compensated by half. The premium all comes from one party's personal property before marriage or after divorce, and if there is clear evidence, this part of the cash value does not participate in the division; If part of the regular payment policy is paid during marriage and outside marriage, the premium shall be determined separately according to different periods.

In terms of proof, the key is to prove where the money came from and what insurance was invested. The policy number, the policyholder and the insured, the beneficiary is who, the payment record and the bank flow, can correspond to the source of the premium transfer voucher, are all necessary materials. Attention should be paid to a point that is often overlooked: most views tend to be regarded as a gift to the children when one party in the marriage acts as the insured and insures the minor children. Generally, the cash value is not divided during divorce. However, if the premium amount is obviously too large, the insurance time is close to the contradiction between husband and wife and the consent of the other party, it may also be treated as common property.

The way of implementation does not always depend on surrender. The insured and the insured are the same person and do not want to refund. More commonly, the one party that continues to hold the policy pays the other party compensation equivalent to half of the cash value. The difference, payment time and overdue consequences are written into the agreement. If you really want to withdraw money, you should know the loss of surrender and related expenses in advance, and calculate the amount before deciding. Negotiations should also be the policy and insurance rights, beneficiaries change together to discuss, light divided cash value, beneficiaries did not change, future insurance may still produce new disputes, these finishing work is best in the divorce on a one-time do.