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Life Insurance and Divorce

By Thomas A. Hutson
June 28, 2007

Does your divorcing client's Statement of Net Worth reflect the fair market value of the life insurance policies he or she owns? This seems like a simple question, but in certain circumstances it may actually be quite complex.

Traditionally, when reviewing a client's policies, most practitioners have first asked themselves, 'Is this a term or permanent life insurance product (universal life, whole life or variable life)?' If it is a term policy, the practitioner concludes that it is worth no more than the unexpended portion of the last annual premium. This is a fair conclusion in most circumstances, assuming the insured is in reasonably good health, and barring an unfortunate incident. If it is a permanent-type product, the practitioner often concludes the policy is worth no more than its cash surrender value, in lock step with the conventional manner of thinking about this issue. Opposing counsel accepts this logic, in compliance with tradition.

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