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
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