Can the insurance divorce in Ningbo be divided?

What is the life insurance bought after marriage and divorce? Many people stare at "who the policyholder writes". In fact, what the insurance policy can really divide between husband and wife is the cash value, not the name.

Several types of property interests in 1. policies.

A life insurance policy involves both the policyholder (the payer), the insured (the insured), the beneficiary (the payee) and the cash value (the money that can be withdrawn). Divorce division is aimed at property interests, especially the cash value formed after marriage.

The value of the claim is different from the cash value.

The death claim is received by the beneficiary and generally does not belong to the object of divorce division, while the cash value is the money that the policyholder can get back in the middle of the insurance, and the part formed by the common property after marriage enters the vision of the division of the husband and wife's property.

2. cash value is divisible.

Split insurance after divorce, focusing on the cash value of the policy. Even if the insured is a spouse, as long as the marriage with wages and other common property to pay premiums, the corresponding cash value is usually the joint property of the husband and wife, the other party can claim compensation.

1. Pre-marriage insurance post-marriage renewal.

If the personal property is insured before marriage and the joint property is not renewed after marriage, the cash value will belong to the individual; if the joint income is renewed after marriage, the value-added portion corresponding to the renewal fee may be included in the division.

2. How to check the cash value.

The cash value is not the premium paid and is usually significantly lower than the accumulated premium, especially in the years before the insurance. The inquiry is made by obtaining a statement of the cash value of the policy from the insurance company or applying for a certificate of cash value as of a certain date, which may also be obtained by letter from the court to the insurance company. The calculation is based on the corresponding increment during the marriage, rather than the full cash value of the policy.

Treatment of 3. investment life

the relevant judicial interpretation of the insurance law makes it clear that when the insured is the executed person, the court may enforce the cash value of the policy under his name. The higher cash value of investment life products makes it more worthwhile to clarify ownership and compensation in the event of divorce.

Misunderstandings of low cash value policies

the early cash value of some policies is very low, and some people mistakenly think that "there is no value without points". However, the cash value will accumulate over the years and should still be treated fairly according to the portion formed during the marriage.

4. Beneficiary Arrangements Don't Ignore

don't forget to change the beneficiary of the divorce at the same time. If the beneficiary still writes the former spouse, future insurance claims may still flow to the other party. The change is more secure when the insured applies to the insurance company and leaves a mark.

Be sure to synchronize changes after divorce.

A divorce judgment or agreement only deals with the division of property and does not automatically change the beneficiary of the policy. If the former spouse is still registered as a deceased beneficiary, it is likely to trigger a new dispute in the event of a claim. It is prudent to submit an application for change of beneficiary to the insurance company and retain a written receipt within 30 days after the divorce proceedings are completed.

5. different types of insurance, the divisible parts vary greatly.

Not all policies have a split space. Consumer accident insurance and medical insurance usually have no cash value and cannot be divided in divorce. Savings life insurance, annuity insurance and incremental life insurance have accumulated higher cash value and are the main objects of division. Investment-linked insurance and universal insurance also depend on the fluctuation of account value, which is usually subject to the account value at the time of filing a divorce lawsuit or judgment.

The insured is the child's education policy is another common type of dispute. Although this type of policy is insured by the child, the insured is still the parent and the cash value is still the joint property of the husband and wife, and most of the practice is that the party who directly raises the child continues to hold it, and it compensates the other party for half of the cash value, so as to avoid the loss of surrender to be borne by the child.

6. case proof

according to the judgment of the divorce dispute between Chang and Meng published by Ningbo Jiangbei Court (source: the judgment of Ningbo Court included in the Marriage and Family Knowledge Base), the court divided the houses, vehicles and insurance policies under the names of both parties according to the confirmed value, and the insurance policies were treated with the property list together with the real estate and vehicles. For the cash value formed by the joint income of husband and wife after marriage, in practice, the holder mostly compensates the other party for 50% of the part during the marriage, accounting for the cash value statement issued by the insurance company, the policy itself continues to be held by the original policyholder.

In practice, if one party takes out insurance before marriage and continues to pay with common property after marriage, the court splits the insurance policy according to the proportion of payment years: the proportion of payment years after marriage in the total payment years is about 60%, and the proportion is multiplied by the cash value of surrender to obtain the common property part, and then 50% is compensated to the other party, and the remaining 40% of the corresponding premarital payment part is still owned by the insured party.

7. Risk Alert

• focus only on the name of the policyholder and ignore the cash value after marriage.
• Thinking that the claims would of course be split, in the wrong direction.
• The divorce forgot to change the beneficiary, the claim still flows to the former spouse.
• Early policies with low current prices were misjudged to be "worthless".
• Premiums are mixed, and the individual and common parts are inexplicable.

8. FAQ

what is divorce insurance?

The cash value of the policy formed mainly by the joint property after marriage, rather than the nominal policyholder or death claim.

Is insurance bought before marriage common after marriage?

Personal property insured before marriage and no joint renewal after marriage, more personal.

Is there a problem if the beneficiary doesn't change?

Will. The death claim shall be received by the beneficiary, and the divorce proposal shall be changed by the insured at the same time.

Is the cash value very low?

Although the early stage is low, it will accumulate. It should be treated fairly according to the part formed during the marriage and cannot be ignored.

Do you want to divide the education insurance policy you buy for your child?

The cash value belongs to the joint property of the husband and wife and is divided in principle, but in practice it is usually not subject to withdrawal. The common treatment is that the policy is held and paid by the party directly raising the child, who compensates the other party for half of the cash value, so as to avoid the loss caused by the withdrawal of the policy and ultimately fall on the child.

Insurance bought before marriage, after marriage has been paid with wages, how to divide?

Split by number of years of contribution. The proportion of the number of years of payment after marriage in the total number of years of payment, multiplied by the current cash value, the resulting part is regarded as the husband and wife's common property and then half compensation. A complete payment record needs to be obtained from the insurance company as the basis for accounting.

Practical Experience of 9. Lawyers

the most common mistake of the parties taking the insurance policy to ask how to divide the divorce is to stare at "who wrote the policyholder". In handling the case, we should first look at the several types of benefits in the policy separately: a life policy also involves the insured who pays the money, the insured who is protected, the beneficiary who receives the claim, and the cash value that the refund can retrieve. What really enters the vision of divorce division is the cash value formed by paying premiums with common property after marriage, rather than the nominal status of the policyholder. The "insured amount" and "cash value" are clearly separated so that the divisible part will not be miscalculated.

The identification and calculation of cash values is a technical activity in such cases. The cash value is usually significantly lower than the cumulative premium paid, especially in the first few years of insurance, so the premium cannot be taken for granted as a split base. In practice, the cash value statement of the policy can be obtained from the insurance company, or it can be asked to issue a certificate of cash value as of a certain date, and the litigation can also be obtained by letter from the court. The parts that can be divided into different types of insurance are also very different: the cash value of protection products is lower, and the cash value of investment life products is higher, which is more worth clarifying the attribution.

There are two other things that are easy to overlook but important. One is the arrangement of the beneficiary, the change of the beneficiary within marriage, the designation or cancellation, may affect the future attribution of claims, before and after the divorce should pay more attention to deal with, don't think that the policy in their own hands on everything. Second, the cash value of investment life products is relatively high. Once the insured becomes the executed person, the cash value of the insurance policy under his name may also be executed by the court, so it is not reliable to rely on large insurance policies to "hide money. When dealing with such property, it is much more pragmatic to find out the policy structure and cash value before talking about retention, compensation or surrender than to argue about "who the policyholder writes about.