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Long Time Separation Does Not Equal Divorce for Purposes of Beneficiary Designation
Leonard, Street and Deinard 
Mar. 13, 2013 "The participant designated his son as beneficiary in 2005, while he was separated, but not divorced, from his wife.... The participant died in 2011 survived by his estranged wife and his son.... The court noted that the participant's intention was clear: he wanted his 401(k) account to go to his son. However, because the participant was still legally married to his estranged wife, she was the one who was entitled to a survivor benefit under the terms of the plan." [Gallagher v. Gallagher, No. 12-400 2 TSH (D.C. Mass. Feb. 26, 2013)] MORE >> |
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