What happens if my ex-spouse is still my life insurance beneficiary in Nevada?

If your ex-spouse remains named as beneficiary on your life insurance policy and you pass away, they may receive the death benefit—even if that is not your current intention. This is one of the most common and consequential oversight in estate and beneficiary planning.

Nevada law does revoke beneficiary designations in favor of a former spouse upon divorce for some types of assets. However, this does not apply uniformly to all life insurance policies, particularly those governed by federal law such as employer-sponsored group plans under ERISA. For ERISA-governed plans, federal law typically supersedes state divorce revocation laws—meaning an ex-spouse named as beneficiary on a 401(k) or employer life insurance plan may still receive the proceeds regardless of divorce.

For individual life insurance policies in Nevada, the divorce revocation statute may apply, but relying on it is risky. Carrier procedures vary, and proving a divorce occurred (and that it triggered revocation) can delay or complicate the claims process for your intended beneficiaries.

The safest and most reliable approach is to update your beneficiary designation directly with the insurance carrier immediately following a divorce—before or as part of the divorce settlement. If a divorce decree specifies that life insurance must name a particular person (such as an ex-spouse for child support purposes), that court order must be followed.

Agents in our network can assist with beneficiary updates for individual policies. For employer-sponsored benefits, contact your HR department directly.