Legal Question in Insurance Law in California

Mistress named as beneficiary on life insurance policy

While married, can a man designate his mistress as the beneficiary on his life insurance policy. Would there be any problems collecting in the event of his death?


Asked on 10/11/05, 2:47 pm

2 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: Mistress named as beneficiary on life insurance policy

To the extent that the premiums were paid with community property assets, I believe the spouse might have a claim for up to 1/2 of the benefits.

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Answered on 10/19/05, 4:52 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Mistress named as beneficiary on life insurance policy

If there are funds that were gifts from relatives to the man, those would be separate funds. Likewise, if he uses funds from the sale of property held before the marriage, those could be separate funds. Maybe the mistress could purchase the policy on his life. If his wife ever found out, though, she would not be too happy.

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Answered on 10/20/05, 8:48 pm


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