The Short Answer

In Pennsylvania, beneficiary designations (like life insurance, annuities, and many retirement accounts) generally control over what a will says because they are treated as non-testamentary transfers. However, divorce can automatically cancel a revocable beneficiary designation in favor of an ex-spouse unless an exception applies.

What Pennsylvania Law Says

Many assets pass outside probate by contract—meaning the company holding the policy/account pays the named beneficiary directly, not under the will. Pennsylvania law also has a “revocation-on-divorce” rule that can make an ex-spouse’s beneficiary designation ineffective if the designation was revocable and the parties were divorced (or certain divorce conditions were met before death).

For additional background, you may find this helpful: How Does Divorce Affect My Estate Plan in Pennsylvania?.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 6111.2.

This statute generally provides that a revocable beneficiary designation in favor of a spouse/former spouse becomes ineffective after divorce (or in certain pending-divorce situations) and is treated as though the former spouse predeceased the decedent—unless the designation was intended to survive the divorce (for example, due to the wording, a court order, a written contract, or a post-divorce re-designation).

Relatedly, Pennsylvania law also states that beneficiary designations for life insurance and many employee death benefits are not governed by will rules: 20 Pa.C.S. § 6108.

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying them to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines and “pending divorce” rules: Section 6111.2 can apply even if a divorce was not final, depending on whether statutory grounds were established before death.
• Burden of Proof: Disputes often turn on documents and intent—what the beneficiary form says, whether it was revocable, and whether there is a qualifying court order or written agreement that changes the result.
• Exceptions and conflicting documents: A divorce decree, property settlement agreement, or later beneficiary change may override the default rule—but only if it fits the statute’s exceptions and is enforceable against the particular policy/plan.

Trying to resolve a beneficiary dispute without counsel can lead to avoidable loss of benefits, delays, or litigation—especially if funds were already paid out and must be recovered.

If this is your situation, you may also want to read: Can I Recover Life Insurance Proceeds Paid to the Wrong Beneficiary in Pennsylvania?.

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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.