Sec. 7.005. INSURANCE COVERAGE NOT SPECIFICALLY AWARDED. (a) If in a decree of divorce or annulment the court does not specifically award all of the rights of the spouses in an insurance policy other than life insurance in effect at the time the decree is rendered, the policy remains in effect until the policy expires according to the policy's own terms.
(b) The proceeds of a valid claim under the policy are payable as follows:
(1) if the interest in the property insured was awarded solely to one former spouse by the decree, to that former spouse;
(2) if an interest in the property insured was awarded to each former spouse, to those former spouses in proportion to the interests awarded; or
(3) if the insurance coverage is directly related to the person of one of the former spouses, to that former spouse.
(c) The failure of either former spouse to change the endorsement on the policy to reflect the distribution of proceeds established by this section does not relieve the insurer of liability to pay the proceeds or any other obligation on the policy.
(d) This section does not affect the right of a former spouse to assert an ownership interest in an undivided life insurance policy, as provided by Subchapter D, Chapter 9.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Structure Texas Statutes
Title 1 - The Marriage Relationship
Subtitle C - Dissolution of Marriage
Chapter 7 - Award of Marital Property
Section 7.001. General Rule of Property Division
Section 7.002. Division and Disposition of Certain Property Under Special Circumstances
Section 7.003. Disposition of Retirement and Employment Benefits and Other Plans
Section 7.004. Disposition of Rights in Insurance
Section 7.005. Insurance Coverage Not Specifically Awarded
Section 7.006. Agreement Incident to Divorce or Annulment
Section 7.007. Disposition of Claim for Reimbursement
Section 7.008. Consideration of Taxes
Section 7.009. Fraud on the Community; Division and Disposition of Reconstituted Estate