{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/20-107.1_1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/20-107.1_1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/20-107.1_1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/20-107.1_1.html"}],"law_id":60714,"edition_id":1,"section_id":60714,"structure_id":12712,"section_number":"20-107.1:1","catch_line":"Court may decree as to maintenance of life insurance policy","history":"2017, c. 797.","full_text":"A\n\nUpon entry of a decree providing for (i) the dissolution of a marriage, (ii) a divorce, whether from the bond of matrimony or from bed and board, or (iii) separate maintenance, where an order for spousal support or separate maintenance has been entered by the court, the court may order a party to (a) maintain any existing life insurance policy on the insured party’s life that was purchased during the marriage, is issued through the insured’s employment, or is within effective control of the insured, provided that the party so ordered has the right to designate a beneficiary and that the payee has been designated as a beneficiary of such policy during the marriage and the payee is a party with an insurable interest pursuant to subsection B of § 38.2-301; (b) designate the other party as beneficiary of all or a portion of the death benefit of such life insurance for so long as the insured party so ordered has an obligation to pay spousal support to the other party, provided that the party so ordered has the right to designate a beneficiary and that the payee has been designated as a beneficiary of such policy during the marriage and the payee is a party with an insurable interest pursuant to subsection B of § 38.2-301 in accordance with the terms of the policy; (c) allocate the premium cost of such life insurance between the parties, provided that all premiums shall be billed to the policyholder; and (d) order the insured party to execute all appropriate forms or written consents to require the insurer to provide information to the party beneficiary as to the good standing of the policy and the maintenance of that party as beneficiary to the extent required by the order entered pursuant to this section. Any obligation or requirement under such an order shall cease upon the termination of the party’s obligation to pay spousal support or separate maintenance.B\n\nIn making a determination under subsection A, the court shall consider:1\n\nThe age, health, and insurability of the insured party;2\n\nThe age and health of the payee spouse;3\n\nThe cost of the life insurance policy;4\n\nThe amount and term of the award of spousal support or separate maintenance;5\n\nThe prevailing insurance rates at the time of the order;6\n\nThe ability of either spouse to pay the premium cost of the life insurance; and7\n\nSuch other factors as the court deems necessary or appropriate to consider in order to arrive at a fair order.C\n\nUpon motion of either party, any order entered pursuant to this section may be modified upon a material change of circumstances, including a change in marital status of the payor spouse, and in consideration of the factors set forth in subsection B. This provision shall not permit the change in marital status of the payor spouse to be considered as a factor under § 20-107.1 or considered a material change in circumstances in any proceeding related to the modification of spousal support.D\n\nNothing in this section shall be construed to create an independent cause of action on the part of any beneficiary against the insurer or to require an insurer to provide information relating to such policy to any person other than the policyholder without the written consent of the policyholder or unless ordered by the court.E\n\nNothing in this section shall be construed to require an insurance company to renew or reinstate any insurance policy other than as provided in such insurance policy.F\n\nIn the event a group policy issued by an employer that is subject to a court order pursuant to this section is terminated or canceled by the employer or there is an involuntary change in employment by the payor causing the policy to no longer be in effect, such circumstances shall not be the basis of any finding of contempt against the payor arising out of an order entered pursuant to this section.G\n\nThis section shall not apply to any second to die insurance policies on the lives of the payor and payee.H\n\nIn the case of a term life insurance policy that has the ability to convert to a permanent policy, the court shall not impose an obligation to pay for such a conversion.","order_by":null,"text":{"0":{"id":221939,"text":"Upon entry of a decree providing for (i) the dissolution of a marriage, (ii) a divorce, whether from the bond of matrimony or from bed and board, or (iii) separate maintenance, where an order for spousal support or separate maintenance has been entered by the court, the court may order a party to (a) maintain any existing life insurance policy on the insured party’s life that was purchased during the marriage, is issued through the insured’s employment, or is within effective control of the insured, provided that the party so ordered has the right to designate a beneficiary and that the payee has been designated as a beneficiary of such policy during the marriage and the payee is a party with an insurable interest pursuant to subsection B of § 38.2-301; (b) designate the other party as beneficiary of all or a portion of the death benefit of such life insurance for so long as the insured party so ordered has an obligation to pay spousal support to the other party, provided that the party so ordered has the right to designate a beneficiary and that the payee has been designated as a beneficiary of such policy during the marriage and the payee is a party with an insurable interest pursuant to subsection B of § 38.2-301 in accordance with the terms of the policy; (c) allocate the premium cost of such life insurance between the parties, provided that all premiums shall be billed to the policyholder; and (d) order the insured party to execute all appropriate forms or written consents to require the insurer to provide information to the party beneficiary as to the good standing of the policy and the maintenance of that party as beneficiary to the extent required by the order entered pursuant to this section. Any obligation or requirement under such an order shall cease upon the termination of the party’s obligation to pay spousal support or separate maintenance.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":221940,"text":"In making a determination under subsection A, the court shall consider:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":221941,"text":"The age, health, and insurability of the insured party;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":221942,"text":"The age and health of the payee spouse;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":221943,"text":"The cost of the life insurance policy;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":221944,"text":"The amount and term of the award of spousal support or separate maintenance;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":221945,"text":"The prevailing insurance rates at the time of the order;","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":221946,"text":"The ability of either spouse to pay the premium cost of the life insurance; and","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"8":{"id":221947,"text":"Such other factors as the court deems necessary or appropriate to consider in order to arrive at a fair order.","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"C"},"9":{"id":221948,"text":"Upon motion of either party, any order entered pursuant to this section may be modified upon a material change of circumstances, including a change in marital status of the payor spouse, and in consideration of the factors set forth in subsection B. This provision shall not permit the change in marital status of the payor spouse to be considered as a factor under § 20-107.1 or considered a material change in circumstances in any proceeding related to the modification of spousal support.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B7","next_prefix":"D"},"10":{"id":221949,"text":"Nothing in this section shall be construed to create an independent cause of action on the part of any beneficiary against the insurer or to require an insurer to provide information relating to such policy to any person other than the policyholder without the written consent of the policyholder or unless ordered by the court.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"11":{"id":221950,"text":"Nothing in this section shall be construed to require an insurance company to renew or reinstate any insurance policy other than as provided in such insurance policy.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"12":{"id":221951,"text":"In the event a group policy issued by an employer that is subject to a court order pursuant to this section is terminated or canceled by the employer or there is an involuntary change in employment by the payor causing the policy to no longer be in effect, such circumstances shall not be the basis of any finding of contempt against the payor arising out of an order entered pursuant to this section.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"13":{"id":221952,"text":"This section shall not apply to any second to die insurance policies on the lives of the payor and payee.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"14":{"id":221953,"text":"In the case of a term life insurance policy that has the ability to convert to a permanent policy, the court shall not impose an obligation to pay for such a conversion.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":12712,"edition_id":1,"name":"Divorce, Affirmation and Annulment","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12711,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":178931,"object_type":"structure","relational_id":12712,"identifier":"6","token":"20\/6","url":"\/20\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12711,"edition_id":1,"name":"Domestic Relations","identifier":"20","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":178075,"object_type":"structure","relational_id":12711,"identifier":"20","token":"20","url":"\/20\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":69694,"structure_id":12712,"section_number":"20-100","catch_line":"Repealed","url":"\/20-100\/","token":"20\/6\/20-100","metadata":false},{"id":85663,"structure_id":12712,"section_number":"20-101","catch_line":"Repealed","url":"\/20-101\/","token":"20\/6\/20-101","metadata":false},{"id":78351,"structure_id":12712,"section_number":"20-102","catch_line":"When not necessary to allege or prove offer of reconciliation","url":"\/20-102\/","token":"20\/6\/20-102","metadata":false},{"id":84768,"structure_id":12712,"section_number":"20-103","catch_line":"Court may make orders pending suit for divorce, custody or visitation, etc","url":"\/20-103\/","token":"20\/6\/20-103","metadata":false},{"id":70919,"structure_id":12712,"section_number":"20-104","catch_line":"Order of publication against nonresident defendant","url":"\/20-104\/","token":"20\/6\/20-104","metadata":false},{"id":59840,"structure_id":12712,"section_number":"20-104.1","catch_line":"Orders of publication may be combined","url":"\/20-104.1\/","token":"20\/6\/20-104.1","metadata":false},{"id":86285,"structure_id":12712,"section_number":"20-105","catch_line":"Permissible form for orders of publication","url":"\/20-105\/","token":"20\/6\/20-105","metadata":false},{"id":72909,"structure_id":12712,"section_number":"20-105.1","catch_line":"Alternative procedures","url":"\/20-105.1\/","token":"20\/6\/20-105.1","metadata":false},{"id":79519,"structure_id":12712,"section_number":"20-106","catch_line":"Testimony may be required to be given orally; 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certain marriages validated","url":"\/20-118\/","token":"20\/6\/20-118","metadata":false},{"id":84439,"structure_id":12712,"section_number":"20-119","catch_line":"Repealed","url":"\/20-119\/","token":"20\/6\/20-119","metadata":false},{"id":83952,"structure_id":12712,"section_number":"20-120","catch_line":"Revocation of decree from bed and board","url":"\/20-120\/","token":"20\/6\/20-120","metadata":false},{"id":82889,"structure_id":12712,"section_number":"20-121","catch_line":"Merger of decree for divorce from bed and board with decree for divorce from bond of matrimony","url":"\/20-121\/","token":"20\/6\/20-121","metadata":false},{"id":71713,"structure_id":12712,"section_number":"20-121.01","catch_line":"Decree of divorce from bonds of matrimony without decree from bed and board","url":"\/20-121.01\/","token":"20\/6\/20-121.01","metadata":false},{"id":86231,"structure_id":12712,"section_number":"20-121.02","catch_line":"Decree of divorce without amended bill or amended cross-bill","url":"\/20-121.02\/","token":"20\/6\/20-121.02","metadata":false},{"id":59482,"structure_id":12712,"section_number":"20-121.03","catch_line":"Identifying information confidential; 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This law was first created in 2017. The record of its establishment is cataloged in chapter 797<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":69531,"section_number":"20-107.3","catch_line":"Court may decree as to property and debts of the parties","order_by":null,"url":"\/20-107.3\/"}],"refers_to":[{"id":72435,"section_number":"20-107.1","catch_line":"Court may decree as to maintenance and support of spouses","order_by":null,"url":"\/20-107.1\/"},{"id":66037,"section_number":"38.2-301","catch_line":"Insurable interest required; life, accident and sickness insurance","order_by":null,"url":"\/38.2-301\/"}],"permalink":{"id":178977,"object_type":"law","relational_id":60714,"identifier":"20-107.1:1","token":"20\/6\/20-107.1_1","url":"\/20-107.1_1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/20-107.1_1\/","token":"20\/6\/20-107.1_1","dublin_core":{"Title":"Court may decree as to maintenance of life insurance policy","Type":"Text","Format":"text\/html","Identifier":"\u00a7 20-107.1:1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon entry of a decree<\/span> providing for (i) the dissolution of a marriage, (ii) a divorce, whether from the bond<\/span> of matrimony or from bed and board, or (iii) separate maintenance, where an order<\/span> for spousal support or separate maintenance has been entered by the court<\/span>, the court<\/span> may order<\/span> a party<\/span> to (a) maintain any existing life insurance policy on the insured party<\/span>’s life that was purchased during the marriage, is issued through the insured’s employment, or is within effective control of the insured, provided that the party<\/span> so ordered has the right to designate a beneficiary and that the payee has been designated as a beneficiary of such policy during the marriage and the payee is a party<\/span> with an insurable interest pursuant to subsection B of § 38.2-301<\/a>; (b) designate the other party<\/span> as beneficiary of all or a portion of the death benefit of such life insurance for so long as the insured party<\/span> so ordered has an obligation to pay spousal support to the other party<\/span>, provided that the party<\/span> so ordered has the right to designate a beneficiary and that the payee has been designated as a beneficiary of such policy during the marriage and the payee is a party<\/span> with an insurable interest pursuant to subsection B of § 38.2-301<\/a> in accordance with the terms of the policy; (c) allocate the premium cost of such life insurance between the parties, provided that all premiums shall be billed to the policyholder; and (d) order<\/span> the insured party<\/span> to execute all appropriate forms or written consents to require the insurer to provide information to the party<\/span> beneficiary as to the good standing of the policy and the maintenance of that party<\/span> as beneficiary to the extent required by the order<\/span> entered pursuant to this section. Any obligation or requirement under such an order<\/span> shall cease upon the termination of the party<\/span>’s obligation to pay spousal support or separate maintenance. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In making a determination under subsection A, the court<\/span> shall consider: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The age, health, and insurability of the insured party<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The age and health of the payee spouse; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The cost of the life insurance policy; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The amount and term of the award of spousal support or separate maintenance; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The prevailing insurance rates at the time of the order<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The ability of either spouse to pay the premium cost of the life insurance; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Such other factors as the court<\/span> deems necessary or appropriate to consider in order<\/span> to arrive at a fair order<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon motion<\/span> of either party<\/span>, any order<\/span> entered pursuant to this section may be modified upon a material<\/span> change of circumstances, including a change in marital status of the payor spouse, and in consideration of the factors set forth in subsection B. This provision shall not permit the change in marital status of the payor spouse to be considered as a factor under § 20-107.1<\/a> or considered a material<\/span> change in circumstances in any proceeding related to the modification of spousal support. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Nothing in this section shall be construed to create an independent cause of action<\/span> on the part of any beneficiary against the insurer or to require an insurer to provide information relating to such policy to any person other than the policyholder without the written consent of the policyholder or unless ordered by the court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Nothing in this section shall be construed to require an insurance company to renew or reinstate any insurance policy other than as provided in such insurance policy. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> In the event a group policy issued by an employer that is subject to a court order<\/span> pursuant to this section is terminated or canceled by the employer or there is an involuntary change in employment by the payor causing the policy to no longer be in effect, such circumstances shall not be the basis of any finding<\/span> of contempt<\/span> against the payor arising out of an order entered pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> This section shall not apply to any second to die insurance policies on the lives of the payor and payee. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> In the case of a term life insurance policy that has the ability to convert to a permanent policy, the court shall not impose an obligation to pay for such a conversion. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOURT MAY DECREE AS TO MAINTENANCE OF LIFE INSURANCE POLICY (\u00a7 20-107.1:1)\n\nA. Upon entry of a decree providing for (i) the dissolution of a marriage, (ii)\na divorce, whether from the bond of matrimony or from bed and board, or (iii)\nseparate maintenance, where an order for spousal support or separate maintenance\nhas been entered by the court, the court may order a party to (a) maintain any\nexisting life insurance policy on the insured party’s life that was\npurchased during the marriage, is issued through the insured’s employment,\nor is within effective control of the insured, provided that the party so\nordered has the right to designate a beneficiary and that the payee has been\ndesignated as a beneficiary of such policy during the marriage and the payee is\na party with an insurable interest pursuant to subsection B of § 38.2-301;\n(b) designate the other party as beneficiary of all or a portion of the death\nbenefit of such life insurance for so long as the insured party so ordered has\nan obligation to pay spousal support to the other party, provided that the party\nso ordered has the right to designate a beneficiary and that the payee has been\ndesignated as a beneficiary of such policy during the marriage and the payee is\na party with an insurable interest pursuant to subsection B of § 38.2-301\nin accordance with the terms of the policy; (c) allocate the premium cost of\nsuch life insurance between the parties, provided that all premiums shall be\nbilled to the policyholder; and (d) order the insured party to execute all\nappropriate forms or written consents to require the insurer to provide\ninformation to the party beneficiary as to the good standing of the policy and\nthe maintenance of that party as beneficiary to the extent required by the order\nentered pursuant to this section. Any obligation or requirement under such an\norder shall cease upon the termination of the party’s obligation to pay\nspousal support or separate maintenance.\n\nB. In making a determination under subsection A, the court shall consider:\n\n 1. The age, health, and insurability of the insured party;\n\n 2. The age and health of the payee spouse;\n\n 3. The cost of the life insurance policy;\n\n 4. The amount and term of the award of spousal support or separate\n maintenance;\n\n 5. The prevailing insurance rates at the time of the order;\n\n 6. The ability of either spouse to pay the premium cost of the life insurance;\n and\n\n 7. Such other factors as the court deems necessary or appropriate to consider\n in order to arrive at a fair order.\n\nC. Upon motion of either party, any order entered pursuant to this section may\nbe modified upon a material change of circumstances, including a change in\nmarital status of the payor spouse, and in consideration of the factors set\nforth in subsection B. This provision shall not permit the change in marital\nstatus of the payor spouse to be considered as a factor under § 20-107.1 or\nconsidered a material change in circumstances in any proceeding related to the\nmodification of spousal support.\n\nD. Nothing in this section shall be construed to create an independent cause of\naction on the part of any beneficiary against the insurer or to require an\ninsurer to provide information relating to such policy to any person other than\nthe policyholder without the written consent of the policyholder or unless\nordered by the court.\n\nE. Nothing in this section shall be construed to require an insurance company to\nrenew or reinstate any insurance policy other than as provided in such insurance\npolicy.\n\nF. In the event a group policy issued by an employer that is subject to a court\norder pursuant to this section is terminated or canceled by the employer or\nthere is an involuntary change in employment by the payor causing the policy to\nno longer be in effect, such circumstances shall not be the basis of any finding\nof contempt against the payor arising out of an order entered pursuant to this\nsection.\n\nG. This section shall not apply to any second to die insurance policies on the\nlives of the payor and payee.\n\nH. In the case of a term life insurance policy that has the ability to convert\nto a permanent policy, the court shall not impose an obligation to pay for such\na conversion.\n\nHISTORY: 2017, c. 797.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}