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Divorce – Automatic Revocation Rule

By: Derek Hawkins//July 5, 2018//

Divorce – Automatic Revocation Rule

By: Derek Hawkins//July 5, 2018//

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United States Supreme Court

Case Name: Sveen, et al. v. Melin

Case No.: 16-1432

Focus: Divorce – Automatic Revocation Rule

A Minnesota law provides that “the dissolution or annulment of a marriage revokes any revocable[] beneficiary designation[] made by an individual to the individual’s former spouse.” Minn. Stat. §524.2–804, subd. (2016). That statute establishes a default rule for use when Minnesotans divorce. If one spouse has made the other the beneficiary of a life insurance policy or similar asset, their divorce automatically revokes that designation—on the theory that the policyholder would want that result. But if he does not, the policyholder may rename the ex-spouse as beneficiary.

We consider here whether applying Minnesota’s automatic revocation rule to a beneficiary designation made before the statute’s enactment violates the Contracts Clause of the Constitution. We hold it does not.

Reversed and Remanded

Dissenting: GORSUCH, J., filed a dissenting opinion.

Concurring:

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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