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POD Designation upon Divorce

Where does it state that if a POD beneficiary listed is a spouse and subsequent to the designation the couple gets divorced, the POD designation is invalidated?

Answer by John Burnett: If it says it anywhere, it would be a function of state law.

For example, I believe that Section 178 of Title 15 of Oklahoma's statutes provides that a POD designation of a spouse prior to divorce from that spouse is invalidated unless the document naming the spouse indicated that the depositor intended for the designation to survive a divorce, or the depositor remarries the spouse, or if the depositor re-designates the former spouse as payable on death beneficiary after the divorce.

You'll have to check your state's laws for similar provisions.


Answer by Ken Golliher: To illustrate that John's first statement is clearly correct, in Kentucky divorce revokes any provision in a will that is in favor of the former spouse. The statute has no effect on POD provisions in bank accounts in favor of the former spouse; the "Ex" gets the money.

Check the law of your state.

First published on 4/4/11

First published on 04/04/2011

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