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Family Law

: Domestic Diversions

What happens when a former spouse never changes his beneficiary designation

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The United States Supreme Court’s decision in KENNEDY v. PLAN ADMINISTRATOR (January 26, 2009) confirms that ERISA plans must follow ERISA. In footnote 10, the Court revealed what would happen in Michigan: the Plan would pay the former spouse, and the Estate would sue to recover the payment (constructive trust). Justice Souter delivered the opinion [...]

Full post as published by Domestic Diversions on February 02, 2009 (boomark / email).

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