Oklahoma § 15-178 - Contracts of designating former spouse as beneficiary or

§ 15-178. Contracts of designating former spouse as beneficiary or

providing death benefits - Effect of divorce or annulment.

A. If, after entering into a written contract in which a

beneficiary is designated or provision is made for the payment of

any death benefit (including life insurance contracts, annuities,

retirement arrangements, compensation agreements, depository

agreements, security registrations, and other contracts designating

a beneficiary of any right, property, or money in the form of a

death benefit), the party to the contract with the power to

designate the beneficiary or to make provision for payment of any

death benefit dies after being divorced from the person designated

as the beneficiary or named to receive such death benefit, all

provisions in the contract in favor of the decedent's former spouse

are thereby revoked. Annulment of the marriage shall have the same

effect as a divorce. In the event of either divorce or annulment,

the decedent's former spouse shall be treated for all purposes under

the contract as having predeceased the decedent.

B. Subsection A of this section shall not apply:

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.

Oklahoma Statutes - Title 15. Contracts

C. For purposes of subsection A of this section, "death

benefit" shall not include:

1. Any interest in property in which the decedent's former

spouse has an interest as a joint tenant; or

2. Any interest in property in which the decedent's former

spouse has a beneficial interest in an express trust created by the

decedent during the decedent's lifetime for which provision is made

in Section 175 of Title 60 of the Oklahoma Statutes.

D. This section shall apply to any contract of a decedent made

and entered into on or after November 1, 1987 and to depository

agreements and security registrations made and entered into on or

after September 1, 1994.

Added by Laws 1987, c. 201, § 2, eff. Nov. 1, 1987. Amended by Laws

1989, c.181, § 10, eff. Nov. 1, 1989; Laws 1994, c. 313, § 4, eff.

Sept. 1, 1994.