Marriage, Divorce, Death and ERISA

89 Pages Posted: 1 Nov 2018

Date Written: October 10, 2018


This article discusses spousal protections under ERISA; determining who is a spouse or a surviving spouse; the effect of divorce on beneficiary designations under an ERISA plan; ERISA preemption of state community property law; claims for restitution or a constructive trust; best practices for retirement plan beneficiary designations; defective, incomplete and ambiguous beneficiary designations; and supplementing ERISA with federal common law.

Keywords: Divorce, Spouse, ERISA, Beneficiary

Suggested Citation

Pratt, David A., Marriage, Divorce, Death and ERISA (October 10, 2018). Quinnipiac Probate Law Journal, Vol. 31, Issue. 2, 2018, Available at SSRN:

David A. Pratt (Contact Author)

Albany Law School ( email )

80 New Scotland Avenue
Albany, NY 12208
United States
518-472-5870 (Phone)

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