Division Of Insurance Rights And Interests In Divorce

With the development of economy and the improvement of people's living standard,the phenomenon of family purchase of commercial insurance is becoming more and more common,which gradually becomes one of the most important ways of family finance.What followed was the difficult problem of the division of insurance rights and interests faced by the court in divorce proceedings.Due to the variety of types of insurance purchased by households,the performance of insurance contracts during divorce is not always the same.Dividing insurance interests in divorce lawsuits may present different forms such as insurance premiums,insurance benefits,and policy cash value.It is considered that its attribution is more complicated.However,our country's statutory matrimonial property system is still not perfect.The"marriage law","insurance law" and other relevant judicial interpretations lack provisions on the attribution and division of commercial insurance assets,thus making the People's Court lack a unified basis for the application of such cases.What's more,the diversity and professionalism of insurance products lead to complicated and diversified insurance cases in real life and it is quite difficult to deal with them.These factors have caused the People's Court in various parts of China to make inconsistent judgments when they handle similar insurance property disputes involved in divorce proceedings.How to identify and segment the insurance rights and interests of couples in divorce lawsuits has become an urgent issue to be solved in judicial practice.The division of insurance rights and interests of couples at the time of divorce is in the intersection of the marriage law and the insurance law.To handle this problem,we must take into account the coordination between the two laws,use the basic values of the marriage law as a guide,and follow the basic principles and general rules of the Marriage Law concerning the separation of husband and wife's property.At the same time,we must also take into account the realization of the value of the insurance law,as far as possible in the split does not affect the continued performance of the insurance contract.According to different insurance targets,insurance contracts can be divided into property insurance contracts and personal insurance contracts.Property insurance is compensated insurance,and personal insurance is a benefit insurance.This different characteristic leads to different attributes of the insurance premiums generated by the two types of insurance contracts.Due to the long-term nature of life insurance and its savings function,the insurance rights and interests of the two types of insurance in the divorce segmentation are not exactly the same.The main segmentation of property insurance rights and interests and interests is insurance premiums and insurance premiums.The savings function and liability reserve of life insurance will generate the cash value of the policy.Therefore,the handling of personal insurance contracts in the process of performance often translates into the division of the cash value of the policy.In summary,the division of property insurance rights and interests and interests and personal insurance rights and interests and interests should be treated differently.Judgment of the nature of property insurance rights and interests should be based on the source of the premium,and it should not be affected by other factors such as the origin of the premium,the time of insurance application,and so on.In other words,if a property insurance is insured with the joint property of the husband and wife,both parties shall be deemed to have a share in the property insurance interest.Conversely,if a property insurance is insured with the personal property of one of the spouses,it should be considered that the insurance belongs to one of the party's personal property and should not be divided at the time of divorce.For the segmentation of the insurance money already obtained,the ownership of the subject matter of insurance shall be used to determine its ownership.The insurance money shall be enjoyed by the owner of the insurance object,but if the other party of the spouse contributes to the formation of the insurance interest,it shall be within the scope of the premium.It compensates.For insurance contracts that are being fulfilled at the time of divorce,since the subject-matter insured may be divided in different ways during divorce,the division of insurance interests should also distinguish between different situations.In the personal insurance contract,the insured occupies a dominant position in the insurance contract.On the other hand,the premium payment is the prerequisite for the formation of the contract.Based on this,for attribution of personal insurance rights,type-based investigation should be made centered on the insured and the sources of premiums.The right to personal insurance belonging to the joint property of husband and wife shall be divided at the time of divorce.After the occurrence of an insured incident,personal insurance interests were converted into insurance premiums.The personal insurance premium is personal and cannot be divided at the time of divorce.The other party can claim the benefit of the insured person to pay half of the insurance premium paid.However,the annuity obtained with the purchase of annuity insurance is exceptional.In the insurance contract for the divorce fashion period,the segmentation of its insurance interest usually shows the separation of the cash value of the insurance policy or the insurance premium paid,and it should be handled in different situations.There are obvious differences between the property insurance contract and the personal insurance contract.Property insurance contracts have compensation for losses,and there are obvious differences with personal insurance contracts.This difference causes the division of property insurance interests and personal insurance interests to be treated differently.From the perspective of the specific division,whether the nature of insurance rights,the separation of insurance funds,or the insurance contract is being processed,the two types of insurance are different.Based on the foregoing analysis and discussion,we can draw the conclusion that there is no uniform standard for the identification and division of insurance rights,and only the two types of insurance contracts can be typed separately to distinguish between different situations.