beneficiary form after divorce

[Guest alabama]

The participant completed a beneficiary form naming his separated spouse as his primary beneficiary. They become officially divorced. No new bene form was completed. He passes away. Is the ex spouse still the primary beneficiary? Does the divorce cancel the beneficiary form? Based on the current plan forms, a new marriage would cancel a beneficiary form. Does the benefit go to the contingent beneficiary, his mother, or to his biological children?

I looked at the plan document. Looks like a spousal consent was necessary. But, by the time he passed away, they were legally divorced.

Thanks.

[A Shot in the Dark]

The divorce decree does not cancel out the beneficiary form on file. Even if state statutes allow for such manuever.

See the ("Eggelhoff")? case. It came out of the state of Washington via the 9th circuit court to the Supreme Court.

This case is exactly on point with your question.

If the ex-spouse is listed as the beneficiary, she will end up receiving the death benefits.

[Guest alabama]

Thanks for clarifying! Have a good day.

[Guest mjb]

You need to check the divorce decree to determine if the spouse waived all right to his benefits. If decree is silent then Plan admin needs to interpret the plan. If plan does not remove spouse upon divorce bene designation would be valid.

Q Has ex spouse applied for the benefits?

[Kirk Maldonado]

There are a number of cases on this exact issue and the courts are split as to the result.