Dahl Aerospace Employees’ Ret. Plan of Aerospace Corp., 122 F. Supp. 3d 453 (E.D. Va. 2015)
Facts: A Virginia divorce decree, incorporating a settlement agreement, gave each spouse the option to elect survivor benefits under the retirement plan of the other. This provision was not immediately stated in a DRO or qualified by the plan. Continue reading →
Carolyn Woodruff, a North Carolina CPA and Family Law Specialist, frequently is faced in sending a divorce client in the right direction after receiving a retirement plan in a divorce settlement. Here are her thoughts on the subject: Continue reading →
VanderKam v. VanderKam, 776 F.3d 883 (D.C. Cir. 2015)
(a) Facts: Before the parties were divorced, the wife was the death beneficiary of the husband’s retirement plan. The parties were divorced in Texas. Their divorce decree was silent on survivor benefits, but awarded the husband all rights existing because of his employment. Continue reading →
Yale-New Haven v. Nicholls, 788 F.3d 79 (2d Cir. 2015)
(a) Facts: A husband and wife were divorced in Connecticut in 2008. The divorce decree incorporated a settlement agreement, which provided that the husband would transfer to the wife half of the marital share of his retirement benefits. No QDRO was entered to enforce this language, and the husband did not make the required transfer to the wife. Continue reading →
I.R.C. § 414(p) and 29 U.S.C. § 1056
Morris v. Metropolitan Life Ins. Co., 751 F. Supp. 2d 955 (E.D. Mich. 2010)
(a) Facts: When the husband and the wife were divorced, the state court divorce decree extinguished all rights held by one in any life insurance of the other. But the husband retained the wife as beneficiary of his employer-provided life insurance. Upon his death, the plan paid the proceeds to the first wife, and the husband’s second wife sued to recovery the proceeds. Continue reading →
Molinet v. Comm’r, T.C. Memo. 2014-109, 2014 WL 2573992 (2014)
(a) Facts: A husband and wife were married. The wife was from Cuba and was admitted to the United States on a fiancé visa. The husband controlled the marital finances, with minimal input from the wife. She had access to the parties’ joint checking account, but rarely used it and did not have a good understanding of the United States banking system. She paid her expenses with a weekly allowance from the husband. Continue reading →
North Carolina Divorce Lawyers Blog