Section 13.57 Dissolution of Marriage

• Library: Trusts and Powers 2013 Supp

C. (§13.57) Dissolution of Marriage

A dissolution of marriage or an annulment of the marriage revokes any provision of a beneficiary designation in favor of the owner’s former spouse or a relative of the former spouse, except in the cases of life insurance products (unless the provision is incorporated into the policy or beneficiary designation), § 461.073.6, RSMo Supp. 2005, and employee benefit plans governed by the Employee Retirement Income Security Act of 1974 (ERISA), Pub. L. No. 93-406, 88 Stat. 829. Section 461.073.8. See §§13.10 and 13.13, supra. The beneficiary designation is to be given effect as if the former spouse or relative had disclaimed the revoked provision. Section 461.051, RSMo 2000.

“[R]elative” is defined in § 461.051.4, RSMo 2000, to mean an individual who, after the dissolution or annulment, is related to the former spouse, and not to the owner, by blood, adoption, or affinity.

It does not matter whether the spouse is identified as such in the beneficiary designation or whether the parties were married at the time the beneficiary designation was made.

Example: To show his affection for his girlfriend, Linda, and Linda’s children, Shawn executes a beneficiary designation in favor of Linda, LDPS (see §13.55 above for an explanation of LDPS). Assume the designation does not involve a life insurance product or employee benefit plan. As contingent beneficiaries he names Linda’s mother and his own brother, Fred. Subsequently, Shawn marries Linda and adopts her...