Can the bonus insurance secretly bought by the other party during the divorce in Ningbo be divided?
Dividend-type life insurance has both protection function and cash accumulation, after marriage with common property silently pay fees, divorce is often ignored by one party. This kind of "invisible insurance policy" is precisely the common property that is most likely to be missed.
Property attributes of 1. dividend insurance.
The essence of dividend insurance is life insurance with savings dividend function, which forms a considerable cash value after long-term payment. If the premium is paid on common property such as wages after marriage, the corresponding cash value generally belongs to the joint property of the husband and wife, and the division may be claimed in the event of divorce.
Look at the source of payment rather than the name of the insurance type.
Whether it is called "dividend insurance", "annuity insurance" or "life life", the key to judge whether the division is possible is: whether the premium comes from the joint property of the husband and wife, the current value. Name bluff, logic unchanged.
2. post-marriage contributions to form a common interest
even if the insured is the spouse and the insured is himself, as long as the joint property is renewed during the marriage, the part of the present value that belongs to the accumulation of contributions after marriage has a common attribute. In the event of a divorce, the other party has the right to claim compensation for this part.
How to divide the renewal fee after marriage insurance before marriage.
If you have been insured before marriage and continue to pay after marriage, usually only the post-marital payment and the corresponding value-added part are divided, and the current price formed before marriage belongs to the insured. The point of distinction depends on the policy cash value statement and the payment record.
What is the value of 3. cash?
The subject matter of the division of the dividend insurance is not the "insured amount" or "paid premium", but the cash value (including part of the dividend accumulation) that can be returned by the withdrawal. At the time of divorce, the value corresponding to the marriage period is converted according to the monthly current price table.
Concealment of the legal consequences of the policy
if one party hides or transfers the joint property of the husband and wife (including secretly taking out insurance and not reporting the insurance policy), the divorce may be divided less or not; if it is discovered only after the divorce, the other party may request another division. As early as 2014, Ningbo Intermediate People's Court issued the "Innovative Reform Plan for the Trial of Family Cases" in the Ningbo Court System, which took the lead in starting the reform of family trials in the whole province. Among them, Yinzhou Court implemented the declaration of property in divorce proceedings. If the insured fails to truthfully declare the insurance policy, it is more likely to be identified as hiding common property and scoring less at the time of division.
Verification path after 4. discovery
you can lock the insurance company and policy number from the fixed deduction in the other party's salary flow, the binding record of the insurance mobile phone application, and the SMS notification, and then apply for the cash value of the policy. Find clues as soon as possible after fixed, to avoid the other party's withdrawal transfer.
Security is more urgent than verification
check the policy is only the first step, the real risk is the other party in the judgment before the transfer of insurance. After discovering the clues, you should apply to the court for property preservation at the same time, requesting the freezing of the policy's withdrawal and policy loan authority. Preservation is generally decided within 48 hours of application, which is much less costly than recovering the transferred funds afterwards.
How to chase after the 5. concealment policy was discovered
if the joint property is insured with the joint property during the existence of the marriage relationship but is deliberately concealed, it belongs to the hidden joint property of the husband and wife. At the time of division, the other party may request less points or not to give them to the concealing party. If it is discovered only after divorce, it may also sue separately for another division.
Traceability is not restricted by one split
having completed the divorce process does not mean losing the opportunity to claim rights. Once a new policy clue is discovered, the evidence can still be fixed in a timely manner and can still be resolved by a re-division action.
Four clues 6. checking hidden policies
the first is the fixed deduction in the bank flow, the premium is mostly monthly or annual fixed deduction, the payer is usually shown as the short name of the insurance company, the nearly 5 years of flow according to the counterparty collection can be screened out. Article 2 is the record of the special deduction of personal income tax and the deduction of commercial health insurance, which can indirectly confirm the fact of insurance.
The third is the binding and push records of insurance applications in mobile phones, as well as the payment and bonus notification messages sent by insurance companies. Article 4 is to apply to the court through litigation to obtain the insurance list from the insurance industry information platform or specific insurance companies. Once the clue is locked, you should apply for preservation as soon as possible to avoid the other party's preemptive withdrawal and cash out.
7. case proof
according to the divorce dispute between Chang and Meng (Ningbo court judgment) heard by Ningbo Jiangbei district people's court, when the two parties divorced, the house, vehicle and insurance policy were divided according to the confirmed value, and the insurance policy, as property with cash value, was included in the scope of divorce property division along with the house and vehicle. According to the Ningbo intermediate people's court, "divorced by case", "how to calculate the" account "?" (2014-08-05), the premium insured with family funds during the existence of the marriage relationship belongs to the joint property of the husband and wife, and the life insurance claim is personal property because of personal dependence. Accordingly, after marriage to the joint property of the husband and wife to pay the dividend insurance, the cash value of the formation of the corresponding part of the marriage, the other party at the time of divorce has the right to claim division, the cumulative dividend into the cash value of the calculation.
If one party hides or transfers the joint property of husband and wife (including secretly taking out insurance and not listing the insurance policy at the time of property declaration), according to Article 1092 of the Civil Code, the division of divorce may be divided less or not divided. If it is discovered only after divorce, the other party may sue the people's court for another division, and the court usually deals with the concealment party for less division. Since 2014, Ningbo court system has implemented divorce litigation property declaration (according to Ningbo Intermediate People's Court's 2014 "Innovative Reform Plan for Hearing Family Cases"). Failure to truthfully declare insurance policies is more likely to be identified as hidden common property at the time of division.
8. Risk Alert
- only focus on real estate car production, missing dividend insurance such as hidden common property.
- Thinking that the amount of insurance is high is worth scoring, ignoring the accumulation of cash value.
- Found clues are not fixed, the other party after the withdrawal of no trace to be found.
- Confusing pre-marriage and post-marriage payment, claiming that the scope is wrong.
- exceed the reasonable time limit for re-division.
9. FAQ
do you want to share the dividend insurance divorce?
If the joint property is paid after marriage, the corresponding cash value is generally divided.
How to calculate the renewal fee after marriage?
Usually only the post-marriage payment and the corresponding value-added part, the current price formed before marriage belongs to the insured person.
What if you find that the other party is hiding the policy?
Can request to split again, conceal the ability to less points; as soon as possible from the deduction flow, insurance mobile phone application of the insurance record lock clues, to prevent withdrawal.
Is the dividend part common?
The accumulated dividends are considered together with the cash value and are treated as the corresponding portion during the marriage.
Will the dividend portion of the dividend insurance be divided?
To. The accumulated dividends are calculated together with the cash value of the policy and are property benefits formed during the marriage and are compensated to the other party at 50%. If you choose to receive the dividend in cash, you must also check the whereabouts of the funds that have been received.
What if the other party refunds the policy during the litigation?
It may be requested to be discounted at the cash value at the time of the withdrawal and to claim that it constitutes a transfer of common property, which is usually treated by the court at the time of division. A safer approach is to apply for property preservation as soon as a clue is found, freezing surrender and policy loan authority.
Practical Experience of 10. Lawyers
after marriage, dividend-type insurance silently uses common property to pay, divorce is often ignored by one party, this kind of "invisible policy" is precisely the most likely to be missed points. The main point is to look at the source of payment rather than the name of the insurance: whether it is called dividend insurance, annuity insurance or life life, as long as the premium comes from the joint property of the husband and wife, the corresponding cash value generally has a common attribute, the other party has the right to claim compensation. Special attention should be paid to the pre-marital insurance, after marriage to continue to pay, usually only after marriage payment and corresponding value-added, before marriage has formed the current price belongs to the insured individual.
After finding clues, verification and security should be done simultaneously. Verification can start with a fixed deduction from the other party's salary flow. The premium is mostly deducted on a monthly or annual basis, and the payer is often shown as the short name of the insurance company. Looking at the binding records of insurance applications, short messages of payment and bonus notification, and the deduction records of personal tax commercial health insurance, several clues can lock the company and the policy number by mutual confirmation. The real risk of this step is that the other party will surrender the insurance and transfer before the judgment, so after finding the clues, you should apply to the court for property preservation as soon as possible, and if necessary, request to freeze the surrender and policy loan authority, which is much less labor-saving than recovering the transferred money afterwards.
Treatment, if the cash value is high, the policyholder is willing to continue to hold, mostly by the policyholder at half of the current price to the other party compensation, the effectiveness of the policy is not affected. Education insurance policies with children as the insured are usually regarded as gifts to children and are not within the scope of division. However, if the premium obviously exceeds reasonable expenses and the insurance time is close to divorce, it may still be reviewed. Insured with common property but deliberately concealed, belongs to the hidden common property, division can be less or not divided, after the divorce found that can still request another division.