Who receives the proceeds from a life insurance policy when the insured has divorced before their death?

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In Florida, when an insured individual gets divorced, any prior designation of the former spouse as the beneficiary of a life insurance policy is generally revoked by operation of law unless the divorce settlement explicitly states otherwise. Therefore, in the absence of a designation that would direct otherwise, the proceeds from the life insurance policy would typically go to the children of the deceased, if they are the next of kin. This reflects the state's approach to ensuring that any financial benefits intended for the family do not revert to a former spouse, acknowledging the severed relationship.

If there are no children, the proceeds may then go to the insured's estate following the intestacy rules, but in this scenario, it's key to note that children have a prioritized claim on life insurance proceeds when no valid beneficiary is designated post-divorce. Thus, the correct understanding of who receives the proceeds hinges upon the laws that govern beneficiary designations and the effect of divorce on those designations, highlighting the importance of clear provisions in divorce settlements regarding financial benefits.

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