Can My Ex‑Wife Take Out a Life Insurance Policy on Me?

Can an Ex‑Wife Take Out a Life Insurance Policy on You?

Generally, an ex‑wife cannot take out a new life insurance policy on you without your knowledge and consent, because she must prove an active insurable interest in your life. Once a divorce is final, the legal obligation to support each other ends, and most insurers will not recognize an ex‑spouse as having an enforceable interest in your continued survival. This makes it unlikely she could obtain a policy in her name using you as the insured.

There is a narrow exception when a court order—often part of a divorce decree or separation agreement—explicitly requires you to maintain a policy naming her as beneficiary, typically to secure child support, alimony, or other financial commitments. In that scenario, she is not taking out a new policy but enforcing an existing contractual obligation. Even then, she cannot simply go to an insurer and buy a fresh policy on you.

What Is Insurable Interest and Why Does It Matter?

Insurable interest means the policyholder would suffer a genuine financial loss if the insured person died. Insurers require this to prevent gambling and stranger‑originated policies. During a marriage, spouses automatically qualify. After divorce, that presumption disappears unless a legal agreement preserves it.

How to Protect Yourself

• Review your divorce decree for any life‑insurance clauses and understand who owns the policy.
• If no obligation exists, you are not required to consent to a new policy.
• If you suspect someone is attempting to take out a policy without your knowledge, contact the insurer and your attorney immediately.
• Monitor your credit and personal information to guard against identity‑based fraud.

What If She Already Has a Policy?

If a policy existed during the marriage, the divorce decree should address whether it remains in force, who pays the premiums, and whether the beneficiary can be changed. Without a court order, she generally cannot unilaterally alter the terms of a policy you own.