Life Insurance After Divorce UK
Divorce is one of life's most challenging events, both emotionally and logistically. Amidst the upheaval, it’s easy to overlook the administrative tasks, but some are too crucial to ignore. Your financial arrangements, particularly your life insurance, fall squarely into this category.
What was once a straightforward plan to protect your spouse and family now requires a complete reassessment. An outdated policy could lead to devastating financial consequences, with a potential payout going to an ex-partner instead of your children or new dependants.
This guide is designed to walk you through every step of reviewing and updating your protection insurance after a divorce. We’ll cover joint and single policies, critical illness cover, income protection, and specialist options for business owners, ensuring you have the clarity and confidence to secure your financial future.
WeCovr explains how to update your policy post-divorce
Navigating the financial aftermath of a divorce can feel overwhelming. At WeCovr, we believe in making at least one part of it simpler: ensuring your life insurance is fit for your new future. Updating your policy isn't just a piece of administrative tidying; it's a fundamental step in protecting the people who rely on you now.
The process involves a few key stages:
- Locating and Reviewing: The first step is to dig out your existing policy documents. You need to understand exactly what type of cover you have – is it a joint policy with your ex-spouse or a single policy of your own?
- Understanding Your Options: Depending on the policy type, you'll have different choices. A joint policy, for instance, could potentially be cancelled, taken over by one person, or even split into two new single policies.
- Changing Beneficiaries: This is paramount. You must decide who you want to receive the payout from your policy and take formal steps to update this, often by writing the policy into a trust.
- Assessing Your New Needs: Your financial landscape has changed. You need to calculate the amount of cover required to protect your new life, whether that includes a new mortgage, child maintenance obligations, or simply providing for your children as a single parent.
Let's explore why this review is not just important, but absolutely essential.
Why is Reviewing Your Life Insurance After Divorce So Crucial?
According to the Office for National Statistics (ONS), there were 80,057 divorces granted in England and Wales in 2022. Each one of these represents a fundamental shift in a family's structure and finances. An unreviewed life insurance policy can create a legacy of problems.
Here’s why a post-divorce review is a non-negotiable task:
- Outdated Beneficiaries: The most significant risk is that your ex-spouse is still the named beneficiary on your policy. In the event of your death, the insurer is legally obliged to pay the claim to the person named, regardless of your changed relationship. This could inadvertently disinherit your children or a new partner.
- Securing Maintenance Payments: If you are paying or receiving child or spousal maintenance, life insurance can act as a vital safety net. A policy can be set up to guarantee these payments continue if the paying ex-partner were to pass away, ensuring the children’s financial stability isn't compromised. This is often a condition stipulated in the final divorce financial order.
- Changes in Financial Dependency: Your circle of dependants has likely changed. You may now be the sole financial provider for your children. You might have a new partner or even be supporting ageing parents. Your cover needs to reflect who depends on your income now.
- New Debts and Mortgages: A common outcome of divorce is one partner buying the other out of the family home or purchasing a new property. This means taking on a new mortgage. Your life insurance must be sufficient to cover this new, larger debt to prevent your loved ones from facing the risk of losing their home.
- Peace of Mind: Finalising a divorce is about creating a new beginning. Ensuring your financial affairs are in order is a powerful step towards building that new life with confidence. Knowing your loved ones are protected provides immense peace of mind.
Understanding Your Existing Life Insurance Policy
Before you can make any changes, you need to understand what you currently have. Life insurance policies taken out by couples typically fall into two categories: joint life or single life.
Joint Life Policies
This is a single policy that covers two people, usually paying out on the first death. It was likely the most cost-effective option when you took it out as a couple to cover a joint mortgage. However, it becomes complicated after a divorce.
- How it works: A joint life, first-death policy pays out the full sum assured when the first person dies. The policy then immediately ends, leaving the surviving person with no further life cover.
- The Post-Divorce Problem: If you keep a joint policy with your ex-spouse and you pass away first, the entire lump sum will be paid to them. This may be the last thing you want. Your children, from that or any subsequent relationship, would receive nothing from the policy. The surviving ex-spouse would have the cash and no obligation to use it for your children's welfare unless legally mandated.
Single Life Policies
This is a policy that covers only one person. If you and your ex-partner took out two separate single policies instead of one joint one, the process of updating them is far simpler.
- How it works: The policy pays out upon the death of the single individual covered.
- The Post-Divorce Advantage: You have complete control over your own policy. You don't need your ex-partner's permission to make changes. The main action required is simply to review and update who the beneficiary of the policy is.
Comparison: Joint vs. Single Policies Post-Divorce
| Feature | Joint Life Policy (First Death) | Two Single Life Policies |
|---|---|---|
| Who is covered? | Both you and your ex-spouse under one policy. | You each have your own separate policy. |
| Payout | Pays out once, on the first death, then terminates. | Each policy pays out independently upon the death of the holder. |
| Post-Divorce Control | Complicated. Changes often require both ex-partners to agree. | Simple. You have full control over your own policy. |
| Beneficiary | Payout goes to the surviving policyholder (your ex). | You choose who benefits from your policy. |
| Key Action Needed | Decide whether to cancel, split, or maintain the policy. | Review and update your beneficiary and cover amount. |
Dealing with a Joint Life Insurance Policy After Divorce
If you have a joint life policy, you have a decision to make. You cannot simply remove your ex-spouse from the policy. Here are the four main routes you can take.
Option 1: Cancel the Policy
This is the simplest option but often the worst. You both agree to cancel the policy, and it ceases to exist.
- Pros: It provides a clean break. There are no more premiums to pay and no further links to your ex-partner through the policy.
- Cons: You both lose your life cover completely. When you apply for a new policy, you will be older, and may have developed health conditions. This means your new premiums will be significantly higher. You are also subject to new medical underwriting, and there is a risk you may not be offered cover at all.
Option 2: One Partner Takes Over the Policy
In some cases, one person can take legal ownership of the policy (an "assignment"), remove the other person, and continue paying the premiums.
- Pros: The cover remains in place at the original premium rate. This can be a good option if one person's health has declined, making new cover expensive or unobtainable.
- Cons: This requires the full agreement of both parties and the insurer. The person who gives up the policy will be left with no cover. The beneficiary will still be the ex-spouse unless this is formally changed, which can be complex.
Option 3: Split the Policy (Policy Separation)
This is by far the best-case scenario for a joint policy. Some modern, flexible policies include a 'separation option' or 'joint life policy separation' clause.
- How it works: This feature allows a joint policy to be split into two new single policies following a divorce or dissolution of a civil partnership. Crucially, this can usually be done without any further medical questions for either person.
- Pros: You both get to keep your life insurance, converting it into individual policies. You avoid the higher costs and medical underwriting of a brand-new application.
- Cons: Not all policies have this feature. It is essential to read your policy's terms and conditions or speak to your adviser. At WeCovr, we often highlight policies that include a separation option, as it provides valuable flexibility for life's unexpected turns.
Option 4: Keep the Policy As-Is for a Specific Purpose
There are situations where it makes sense to keep the joint policy active, most commonly to protect child maintenance payments.
- How it works: The ex-partner who pays maintenance continues to pay the premiums. If they were to die, the lump sum would be paid to the other ex-partner, providing the funds to continue supporting the children.
- Pros: It provides a cast-iron guarantee that funds for the children's upbringing will be available. This arrangement is often mandated as part of a court's financial order.
- Cons: It requires a high level of trust and cooperation. There is a risk the paying partner could stop the premiums, causing the policy to lapse without the other's knowledge. A legal agreement is highly recommended.
Summary: Options for a Joint Policy
| Option | Best For... | Key Considerations |
|---|---|---|
| Cancel | Rarely recommended. Only if you no longer need cover. | You will lose cover. New cover will be more expensive. |
| One Takes Over | When one person needs to retain cover at the original rate. | Requires mutual consent. The other person loses cover. |
| Split / Separate | The ideal scenario if your policy allows it. | Check your T&Cs for a "separation option". Best of both worlds. |
| Keep As-Is | Securing court-ordered maintenance payments for children. | Requires a legal agreement to ensure premiums are paid. |
Updating Beneficiaries and Trusts
Whether you have a single policy or have just created a new one after splitting a joint policy, your next critical job is to ensure the money goes to the right people. Simply naming someone in your will is not enough.
The Power of Writing a Policy in Trust
A trust is a simple legal arrangement that separates your life insurance policy from your estate. You (the settlor) place your policy into the care of people you trust (the trustees) for the benefit of your chosen people (the beneficiaries).
Most insurers provide standard trust forms for free, and an adviser can help you complete them.
Why is a trust so important?
- It Avoids Probate: When a policy is not in trust, the payout forms part of your legal estate. Your executors must first obtain a Grant of Probate before the money can be accessed and distributed according to your will. This can be a slow process, often taking many months. For a family grieving and suddenly without your income, this delay can cause immense financial hardship. A policy in trust pays out directly to the beneficiaries via the trustees, often within a few weeks of the death certificate being issued.
- It Can Reduce Inheritance Tax (IHT): When the policy is written in trust, the payout typically does not form part of your estate for IHT purposes. With the current IHT threshold at £325,000, a large life insurance payout could easily create a 40% tax bill for your loved ones. A trust ensures they get 100% of the money.
- It Gives You Control: A trust allows you to specify exactly who benefits and even appoint trustees who can manage the money for young children until they are old enough to inherit directly.
If your policy is already in trust, you must review it. Your ex-spouse may be listed as a beneficiary and possibly even a trustee. You will need to complete legal paperwork (such as a Deed of Appointment) to remove them and appoint new trustees and/or beneficiaries.
We can help you set up a new policy in trust from the outset, ensuring your payout goes directly to the right people, quickly and tax-efficiently.
Do I Need a New Life Insurance Policy After Divorce?
Even if you've successfully managed your old policy, your life has changed, and your needs have too. It's highly likely you'll need to adjust your level of cover or take out a new policy altogether.
Ask yourself these questions:
- What are my new debts? Have you taken on the full family mortgage or bought a new property? Your cover should be enough to clear this debt.
- Who depends on me financially? Calculate the money your children would need to cover their upbringing, education, and general living costs until they are financially independent.
- Am I paying child maintenance? A specific life policy can be set up to cover the total value of these payments over the required term. This is known as a 'maintenance protection' policy.
- What would my family's living costs be without me? Consider day-to-day bills, childcare costs, and future expenses. A popular solution for this is Family Income Benefit.
Family Income Benefit (FIB) is a type of life insurance that doesn't pay a single lump sum. Instead, it pays out a regular, tax-free monthly or annual income from the point of claim until the end of the policy term. This is often a more affordable and manageable way to replace a lost salary and cover ongoing family expenses, particularly when protecting young children.
Other Protection Insurance to Consider Post-Divorce
Life insurance protects your family if you die, but what happens if you become too ill to work? For a single-income household, a serious illness or injury can be financially catastrophic.
Critical Illness Cover (CIC)
This pays out a tax-free lump sum if you are diagnosed with one of a list of specific serious conditions defined in the policy (e.g., some types of cancer, heart attack, stroke). This money can be used to pay off a mortgage, cover medical bills, or simply give you financial breathing space while you recover. After a divorce, you no longer have a partner's income to fall back on, making CIC even more vital.
Income Protection (IP)
Often described by financial advisers as the bedrock of any protection plan, Income Protection is designed to replace a portion of your monthly income if you are unable to work due to any illness or injury.
- Why it's crucial post-divorce: As the sole earner, your income is the engine of your family's finances. If it stops, everything else stops. State benefits are minimal. An IP policy provides a regular, long-term safety net to cover your bills and maintain your standard of living until you can return to work.
- A Growing Need: The ONS reported that in January to March 2024, a record 2.8 million people in the UK were economically inactive due to long-term sickness. This highlights the very real risk of being unable to work for an extended period.
Comparing Protection Policies
| Policy Type | What it Does | Main Purpose Post-Divorce |
|---|---|---|
| Life Insurance | Pays a lump sum on death. | Clear mortgage/debts, provide for children. |
| Family Income Benefit | Pays a regular income on death. | Replace lost salary for ongoing family expenses. |
| Critical Illness Cover | Pays a lump sum on diagnosis of a serious illness. | Clear debts and cover costs during recovery, with no second income to rely on. |
| Income Protection | Pays a regular income if you can't work due to illness/injury. | The ultimate safety net to pay your bills as a single earner. |
Special Considerations for Business Owners, Directors, and the Self-Employed
For entrepreneurs and the self-employed, a divorce has implications not just for personal finances, but for the business too. Your income may be less predictable, and you lack the safety net of an employer's benefits package.
Self-Employed and Freelancers
If you work for yourself, you are your business. There is no employer sick pay, no death-in-service benefit, and no one to pick up the slack if you're unable to work.
- Income Protection is Essential: This is the number one priority. It is your replacement salary if you fall ill. You can tailor the policy by choosing how soon it pays out after you stop working (the 'deferment period').
- Personal Sick Pay: For those in riskier manual trades (e.g., electricians, builders, plumbers), specialist policies are available. These often have very short deferment periods (from day one or week one) to cover immediate income loss.
Company Directors and Business Owners
A divorce can destabilise a business, especially a small one. Protection insurance can create stability for you, your business, and your family.
- Relevant Life Cover: This is a highly tax-efficient way for a limited company to provide death-in-service benefits for an employee, including a director. Premiums are typically treated as a business expense (reducing your corporation tax bill), and the benefit is paid free of IHT to the employee's family via a trust. It's an excellent way to arrange personal life cover through your business.
- Key Person Insurance: What would happen to your business's profits if you, or another crucial member of staff, were to die or become critically ill? Key Person cover pays a lump sum to the business to cover lost profits, recruit a replacement, or clear business debts. This protects the business's value, which in turn protects your personal income stream.
- Executive Income Protection: This is an Income Protection policy owned and paid for by your limited company. Like Relevant Life Cover, the premiums are usually an allowable business expense. It provides a replacement income to you via the company if you're unable to work, protecting both you and the business.
A Practical Checklist: Your Post-Divorce Insurance Review
Use this step-by-step guide to take control of the process.
- Gather Your Documents: Find the policy schedules and terms and conditions for all your protection policies.
- Identify Policy Types: Are they joint or single policies? Who is the current owner?
- Check for a 'Separation Option': Read the fine print of any joint policies. If this clause exists, it's a huge advantage.
- Contact Your Broker or Insurer: Discuss the specific options available for your joint policy based on its terms.
- Review Beneficiaries and Trusts: Who is currently set to receive the money? If the policy is in trust, who are the trustees and beneficiaries? Take immediate steps to update these.
- Calculate Your New Needs: Use a budget planner to work out your mortgage, debts, maintenance obligations, and the income your family would need without you.
- Explore Trusts: If your policy isn't in trust, talk to an adviser about setting one up. It's usually free and straightforward.
- Assess Your 'Living' Protection: Review your need for Income Protection and Critical Illness Cover as a single-income household.
- Compare the Market: Don't just accept the first offer or stick with an old plan that's no longer suitable. Use a specialist broker like WeCovr to compare quotes and plans from all the UK's major insurers to find the right cover at the best price.
- Update Your Will: Your will and your insurance policies must work in harmony. Update your will to reflect your new circumstances and beneficiaries.
Wellness & Looking After Yourself During a Stressful Time
Divorce consistently ranks as one of the most stressful life events. This stress can take a toll on your physical and mental health, which is why self-care is not an indulgence but a necessity. Your ability to work, parent, and build a new life depends on your wellbeing.
- Nourish Your Body: When you're stressed and time-poor, it's easy to rely on convenience food. Try to plan a few simple, nutritious meals each week. Even small changes can boost your energy and mood.
- Prioritise Sleep: Stress and anxiety can wreak havoc on your sleep. Establish a calming pre-bed routine – switch off screens, read a book, or listen to relaxing music. Consistent, quality sleep is fundamental to mental resilience.
- Stay Active: You don't need to run a marathon. A daily 20-minute walk can do wonders for clearing your head and reducing stress hormones. Find an activity you enjoy and make it a non-negotiable part of your day.
- Seek Support: Don't go through it alone. Talk to trusted friends, family, or a professional counsellor. Sharing your burden can make it feel much lighter.
To support our clients' overall wellbeing, we provide complimentary access to our AI-powered calorie tracking app, CalorieHero. It's a small way we can help you stay on track with your health goals during a challenging period.
Conclusion: Taking Control of Your Financial Future
Revisiting your life insurance after a divorce is more than just a financial chore; it's an act of care and responsibility for the people who depend on you now. It's about ensuring your legacy is one of security and protection, not confusion and financial hardship.
By understanding your existing policies, exploring your options, and aligning your cover with your new reality, you can take decisive control of your financial future. The decisions you make today will provide lasting peace of mind for you and a vital safety net for your loved ones for years to come.
Navigating the insurance market can be complex, especially during an already stressful time. You don't have to do it alone. Our expert advisers at WeCovr are here to provide clear, compassionate guidance, helping you compare all your options to build a protection plan that's perfect for your new chapter in life.
Can my ex-spouse cancel our joint life insurance policy without my consent?
I'm ordered by the court to have life insurance for maintenance. How do I set this up?
Will my life insurance premiums go up after my divorce?
What happens to my life insurance if I don't update it after my divorce?
Is it better to have a single life policy or a joint one?
Why life insurance and how does it work?
What is Life Insurance?
Life insurance is an insurance policy that can provide financial support for your loved ones when you or your joint policy holder passes away. It can help clear any outstanding debts, such as a mortgage, and cover your family's living and other expenses such costs of education, so your family can continue to pay bills and living expenses. In addition to life insurance, insurance providers offer related products such as income protection and critical illness, which we will touch upon below.How does it work?
Life insurance pays out if you die. The payout can be in the form of a lump sum payment or can be paid as a replacement for a regular income. It's your decision how much cover you'd like to take based on your financial resources and how much you'd like to leave to your family to help them deal with any outstanding debts and living expenses. Your premium depends on a number of factors, including your occupation, health and other criteria.The payout amount can change over time or can be fixed. A level term or whole of life policy offers a fixed payout. A decreasing term policy offers a payout that decreases over the term of the cover.
With critical illness policies, a payout is made if you’re diagnosed with a terminal illness with a remaining life expectancy of less than 12 months. While income protection policies ensure you can continue to meet your financial commitments if you are forced to take an extended break from work. If you can’t work because you’ve had an accident, fallen sick, or lost your job through no fault of your own, income protection insurance pays you an agreed portion of your salary each month.
Income protection is particularly helpful for people in dangerous occupations who want to be sure their mortgage will always be covered. Income protection only covers events beyond your control: you’re much less likely to be covered if you’re fired from your job or if you injure yourself deliberately.
Questions to ask yourself regarding life insurance
Just ask yourself:👉 Who would pay your mortgage or rent if you were to pass away or fall seriously ill?
👉 Who would pay for your family’s food, clothing, study fees or lifestyle?
👉 Who would provide for the costs of your funeral or clear your debts?
👉 Who would pay for your costs if you're unable to work due to serious illness or disability?
Many families don’t realise that life, income protection and critical illness insurance is one of the most effective ways to protect their finances. A great insurance policy can cover costs, protect a family from inheriting debts and even pay off a mortgage.
Many would think that the costs for all the benefits provided by life insurance, income protection insurance or critical illness insurance are too high, but the great news is in the current market policies are actually very inexpensive.
Benefits offered by income protection, life and critical illness insurance
Life insurance, income protection and critical illness insurance are indispensable for every family because a child loses a parent every 22 minutes in the UK, while every single day tragically 60 people suffer major injuries on the UK roads. Some people become unable to work because of sickness or disability.Life insurance cover pays out a lump sum to your family, loved ones or whomever you choose to get the money. This can be used to secure the financial future of your loved ones meaning they would not have to struggle financially in the event of your death.
If it's a critical illness cover, the payout happens sooner - upon diagnosis of a serious illness, disability or medical condition, easing the financial hardship such an event inevitably brings.
Income protection insurance can be very important for anyone who relies on a pay check to cover their living costs, but it's especially important if you’re self-employed or own a small business, where your employment and income is a bit less stable. It pays a regular income if you can't work because of sickness or disability and continues until you return to paid work or you retire.
In a world where 1 in 4 of us would struggle financially after just four weeks without work, the stark reality hits hard – a mere 7% of UK adults possess the vital shield of income protection. The urgency of safeguarding our financial well-being has never been more palpable.
Let's face it – relying on savings isn't a solution for everyone. Almost 25% of people have no savings at all, and a whopping 50% have £1,000 or less tucked away. Even more concerning, 51% of Brits – that's a huge 27 million people – wouldn't last more than one month living off their savings. That's a 10% increase from 2022.
And don't even think about state benefits being a safety net. The maximum you can expect from statutory sick pay is a mere £109.40 per week for up to 28 weeks. Not exactly a financial lifeline, right?
Now, let's tackle a common objection: "But I have critical illness insurance. I don't need income protection too." Here's the deal – the two policies apply to very different situations. In a nutshell:
- Critical illness insurance pays a single lump sum if you're diagnosed with or undergo surgery for a specified potentially life-threatening illness. It's great for handling big one-off expenses or debts.
- Income protection, on the other hand, pays a percentage of your salary as a regular payment if you can't work due to illness or injury. It's the superhero that tackles those relentless monthly bills.
Types of life insurance policies
Common reasons for getting a life insurance policy are to:✅ Leave behind an amount of money to keep your family comfortable
✅ Protect the family home and pay off the mortgage in full or in part
✅ Pay for funeral costs
Starting from as little as a couple of pounds per week, you can do all that with a Life Policy.
Level Term Life Insurance
One of the simplest forms of life insurance, level term life insurance works by selecting a length of time for which you would want to be covered and then deciding how much you would like your loved ones to receive should the worst happen. Should your life insurance policy pay out to your family, it would be in a lump sum amount that can be used in whatever way the beneficiary may wish.
Decreasing Term Life Insurance
Decreasing term life insurance works in the same way as level term, except the lump sum payment amount upon death decreases with time. The common use for decreasing term life cover is to protect against mortgage repayment as the lump sum decreases along with the principal of the mortgage itself.
Increasing Term Life Insurance
Increasing term life insurance aims to pay out a cash sum growing each year if the worst happens while covered by the policy. With increasing term life cover amount insured increases annually by a fixed amount for the length of the policy. This can protect your policy's value against inflation, which could be advantageous if you’re looking to maintain your loved ones’ living standards, continue paying off your mortgage in line with its repayment schedule and cover your children’s education fees.
Whole of Life Insurance
Whereas term life insurance policies only pay out if you pass away during their term, whole of life insurance pays out to your beneficiaries whenever this should happen. The most common uses for whole life insurance are to cover the costs of a funeral or as a vehicle for your family's inheritance tax planning.
Family Income Benefit
Family income benefit is a somewhat lesser-known product in the family of life insurance products. Paying out a set amount every month of year to your beneficiaries, it is the most cost-effective way of maintaining your family's living standards to an age where you'd expect them to be able to support themselves financially. The most common use would be for a family with children who are not working yet so are unable to take care of themselves financially.
Relevant Life Insurance
Relevant Life Insurance is a tax-efficient policy for a director or single employee. A simple level term life insurance product, it is placed in a specific trust to ensure its tax efficiency. The premiums are tax deductible and any benefit payable should a claim arise is also paid out tax free, which makes it an attractive product for entrepreneurs and their businesses.
Important Fact!
We can look at a more suitable option mid-term!
Why is it important to get life insurance early?
👉 Many people are very thankful that they had their life, income protection, and critical illness insurance cover in place before running into some serious issues. Critical illness and income protection insurance is as important as life insurance for protecting your family's finances.👉 We insure our cars, houses, bicycles and even bags! Yet our life and health are the most precious things we have.
Easily one of the most important insurance purchases an individual or family can make in their lifetime, the decision to buy life, income protection, critical illness and private medical health insurance can be made much simpler with the help of FCA-authorised advisers. They are the specialists who do the searching and analysis helping people choose between various types of life insurance policies available in the market, including income protection, critical illness and other types of policies most suitable to the client's individual circumstances.
It certainly won't do any harm if you speak with one of our experienced FCA-authorised insurance partner experts who are passionate about advising people on financial matters related to life insurance and are keen to provide you with a free consultation.
You can discuss with them in detail what affordable life, income protection, critical illness or private medical health insurance plan for the necessary peace of mind they would recommend! WeCovr works with some of the best advisers in the market.
By tapping the button below, you can book a free call with them in less than 30 seconds right now:
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WeCovr is an insurance specialist for people valuing their peace of mind and a great service.👍 WeCovr will help you get your private medical insurance, life insurance, critical illness insurance and others in no time thanks to our wonderful super-friendly experts ready to assist you every step of the way.
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