If it is a state in which each spouse has an interest in all the assets of the marriage, the policy is probably an asset of the marriage subject to division like all assets. Since th epolicy probably cannot be "split", one or the other spouse would get it in an equitable division of assets. If the husband is still insurable and the policy is a term insurance policy (it has no cash surrender value), it probably has no real monetary value -- if the husband is uninsurable for any reason, the policy may be of some value to him.
If the wife can show she paid for the policy with sole and separate (non-marital) assets, she probably is legally entitled to it.
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