The Management of Asset Aspects

Facing a divorce means redefining not only personal and family balances but also asset balances. Among the often overlooked but crucially important aspects is the management of life insurance policies taken out during the marriage, where the ex-spouse is named as the beneficiary. The end of the marital bond does not automatically revoke this designation, creating potential complex and unwanted future situations. Understanding how to act to protect one's assets and ensure one's wishes are respected is a fundamental step. As a divorce lawyer in Milan, lawyer Marco Bianucci assists his clients in analyzing every asset detail, ensuring a clear and secure transition to their new life arrangement.

Life Insurance Policy in the Context of Divorce: Regulatory Framework

A life insurance policy is a contract entered into with an insurance company, through which, in exchange for premium payments, an economic benefit is guaranteed to a third party, the beneficiary, upon the occurrence of an event related to the insured's life. According to Article 1920 of the Civil Code, the designation of a beneficiary is an act that can always be modified or revoked by the policyholder, unless the latter has waived this right in writing. The designation of the spouse as beneficiary during the marriage is considered, by prevailing jurisprudence, an act of liberality. Consequently, the divorce decree, while dissolving the marriage, does not affect the beneficiary designation of the policy. If the policyholder does not act explicitly, the ex-spouse will retain the right to receive the capital upon the insured's death.

How is Beneficiary Revocation Carried Out?

Beneficiary revocation is a right of the policyholder and can be exercised at any time. The two most common ways to make this wish effective are: a formal written communication sent to the insurance company, or a specific provision contained within one's will. It is essential that the intention to revoke is clear and unequivocal. The mere intention is not sufficient; a formal act that respects the procedures provided by the insurance policy contract and the law is necessary. In the absence of an explicit revocation, the original designation remains valid and effective in all respects, with all the resulting asset consequences.

The Bianucci Law Firm's Approach to Asset Protection

The approach of lawyer Marco Bianucci, an expert in family law in Milan, is based on a comprehensive and strategic vision of separation and divorce. The management of agreements is not limited to defining alimony or child custody but extends to a meticulous review of all asset arrangements, including insurance policies. The goal is to prevent future disputes and ensure that the client's new family situation is fully reflected in every legal and financial document. In this context, the analysis of life insurance policies is a crucial step to protect assets, safeguard desired heirs, such as children, and ensure that accumulated resources are allocated according to the client's actual and current wishes.

Frequently Asked Questions

Does divorce automatically revoke a life insurance policy in favor of the ex-spouse?

No, the divorce decree has no automatic effect on the beneficiary designation of a life insurance policy. To change or revoke the beneficiary, explicit action by the policyholder is required, who must formally communicate their wish to the insurance company or arrange it through a will.

How can I revoke my ex-spouse as a beneficiary?

Revocation can be carried out by sending a registered letter with return receipt or a certified email (PEC) to the insurance company, specifying the wish to revoke the previously designated beneficiary. Alternatively, revocation can be included in a testamentary clause. It is advisable to verify the specific procedures indicated in your policy contract.

Can I name my children as new beneficiaries?

Absolutely. Once the ex-spouse is revoked, you can designate one or more new beneficiaries, including children, even if they are minors. This choice ensures that, in the event of your death, the insured capital will be paid directly to them, often outside the estate and without being subject to inheritance tax.

What happens if the beneficiary designation was irrevocable?

If the policyholder has expressly waived the right of revocation in writing, the designation becomes irrevocable. This is a rare and delicate situation. However, jurisprudence has sometimes allowed revocation for ingratitude. Such a case requires in-depth legal analysis to assess possible courses of action.

Evaluation of Your Case in Milan

Managing asset aspects after a divorce requires attention, expertise, and a clear strategy to avoid unpleasant future consequences. If you have doubts about your life insurance policy or wish to redefine asset arrangements to protect your interests and those of your loved ones, it is crucial to act with awareness. The Bianucci Law Firm, located in Milan at via Alberto da Giussano 26, offers targeted advice to analyze your specific situation. Contact lawyer Marco Bianucci to receive professional advice and define the necessary steps to ensure your wishes are fully respected.