On Tnsurance Benefit Attribution And Segmentation In Divorce

"Hold your hand and grow old with you" It is the good wishes of lovers who pray for love forever. but the reality is not always successful, when the marriage ended in divorce, will become the inevitable outcome. In modern society, the divorce rate increased year by year, in recent years the growth rate increasing, statistics according to the all China Women’s Federation, there are about400000families break up every year in our country, the divorce is no longer as in the past to taboo, but more rational to treat this problem.With the development of social life, the improvement of people’s living standard, more and more families to buy insurance, the insured amount is also growing. At the end of the marital relationship, the attribution of insurable interests should be how to identify, and how the segmentation problem becomes more and more outstanding insurance interests. As a form of marriage and family property insurance property, inevitably involves the marriage law of the law, other than the relevant regulation of insurance law in particular. How to identify and deal with relations between the two legal, grasp the nature of the property insured, is a primary issue solve divorce insurance division. At the same time, the insurable interests in case of divorce should be how to split, a variety of approaches and disputes in judicial practice. On this basis, the property insurance issues involved in divorce relationship were discussed, aimed at summing up the legislation, justice to be perfect, and strive to contribute to the judicial practice matures.In addition to the introduction and conclusion, is divided into four parts:the first part, an overview of the insurance problem relates to divorce relationship, understand the concepts related to insurance, the insurance type divorce relationship, as well as for divorce and cause the legal interests of the insurance loss; the second part, on the current legislative status about divorce insurance of our country, there is no clear legal basis, caused controversy in practice; the third part, and there are disputes in the practice of various types of insurance ownership and segmentation are discussed, analyzed the problems and defects; The fourth part, The suggestion on ownership and the division of insurable interest. the problem of insurance property should be in accordance with the ownership of the insurance mark insurance belongs to determine, on life insurance ownership, shall determine the ownership to the beneficiary of the insurance contract specified and the insured, the investment income of investment-linked insurance is community property; the insurance should be segmentation according to different types of insurance, life insurance beneficiary change, and to fulfill the life insurance contract is a type of division; with a view to the property insurance legislation and practice help.