Legislative Update

Life Insurance and Divorce:

Effective January 1, 2019, Public Act 100-871 makes any insurance policy that names the former spouse after a judgment of dissolution of marriage is entered by the Court ineffective.

There are three (3) exceptions:

  1. The judgment designates the insured’s former spouse as the beneficiary;
  2. The insured re-designates the former spouse as the beneficiary after judgment is entered; or
  3. The former spouse is designated to receive in trust for, on behalf of, or for the benefit of a child or dependent of either former spouse.

If the life insurance beneficiary designation is not effective under this bill, the proceeds of the policy payable to the named alternative beneficiary or, if there is not a named alternative beneficiary, to the estate of the insured. This bill does not apply to life insurance policies subject to regulation under the Employee Retirement Income Security Act of 1974 (ERISA).

Guardianship and Visitation:

Effective January 1, 2019, Public Act 100-1054 allows an adult, child, spouse, adult grandchild, parent, or adult siblings to petition the Court for visitation privileges with the ward. However, the Court may not allow visitation if it finds that the ward has capacity to evaluate and communicate decisions regarding visitation and expresses a desire not to have visitation with the petitioner (the person filing the petition).

Legally yours, Susan