News & Analysis as of September 25, 2024

Divorce › Preemption

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Divorce is the formal legal dissolution of a marriage. The divorce process implicates many diverse areas of the law including, but not limited to, real estate, wills and trusts, child custody, and tax.

Colorado Court Decides Issue of First Impression Regarding ERISA Preemption of State Divorce-Revocation Statute

Littler on 6/22/2021

The Colorado Court of Appeals recently decided an issue of first impression regarding the Employee Retirement Income Security Act’s (ERISA) preemptive power over Colorado’s divorce-revocation statute. The decision in Ragan v....more

ERISA Preemption of State Slayer Statutes: Does it Matter?

Verrill on 2/20/2019

Over the last decade, courts around the country have been asked to decide whether ERISA preempts state slayer statutes – state laws that prohibit a murderer from collecting benefits as the beneficiary of the victim’s estate...more

The Supreme Court - May 15, 2017

Dorsey & Whitney LLP on 5/16/2017

Midland Funding, LLC v. Johnson, No. 16-348: Respondent Aleida Johnson filed for Chapter 13 bankruptcy in the Southern District of Alabama. Petitioner Midland Funding then filed a “proof of claim” in the Bankruptcy Court,...more

The Supreme Court - December, 2016

Dorsey & Whitney LLP on 12/7/2016

The Supreme Court of the United States granted certiorari in seven cases on Friday afternoon: Impression Products, Inc. v. Lexmark International, Inc., No. 15-1189: 1) Whether a "conditional sale" that transfers title to...more

ERISA Does Not Preempt State Court Order Requiring Beneficiary to Renounce Right to Employee’s Plan Benefits, Fourth Circuit Rules

Womble Bond Dickinson on 3/20/2013

The scenario is not difficult to imagine: An employee designates her spouse as the primary beneficiary under her employer’s life insurance and retirement benefit plans. Years later, the couple divorces, and in the marital...more

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