Marriage, Divorce, Death and ERISA

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.