Oklahoma statute regarding designations of former spouses

Like many other states, Oklahoma has a statute automatically revoking beneficiary designations in favor of former spouses. It is broad and does not apply just to life insurance. It also applies to many kinds of death benefit designations, including annuities, retirement accounts, CDs, security registrations, and other benefits payable on death of the owner. In the event of divorce or annulment of the marriage, the decedent’s former spouse shall be treated for all purposes under the contract as having predeceased the decedent.

There are some exceptions, including:

1. If the decree of divorce or annulment is vacated; 

2. If the decedent had remarried the former spouse and was married to said spouse at the time of the decedent’s death;  

3. If the decree of divorce or annulment contains a provision expressing an intention contrary to subsection A of this section; 

4. If the decedent makes the contract subsequent to the divorce or annulment; 

5. To the extent, if any, the contract contains a provision expressing an intention contrary to subsection A of this section; or 

6. If the decedent renames the former spouse as the beneficiary or as the person or persons to whom payment of a death benefit is to be made in a writing delivered to the payor of the benefit prior to the death of the decedent and subsequent to the divorce or annulment.

This statute will be generally preempted if the life insurance or retirement benefit is governed by ERISA or some other federal law. Preemption analysis is not always straightforward, so it is always important to consult a lawyer who has substantial experiencing in handling beneficiary disputes.