The issue before the Supreme Court in Sveen v. Melin is whether these state laws violate the contracts clause of the Constitution that prohibits the states from impairing contracts. The idea is that a life insurance policy could be part of a contractual relationship between spouses and that automatically revoking the designation upon divorce interferes with that contract.

If you get a divorce, it might be a good idea to go see an estate planning attorney rather than leave the decisions up to the state of your residence.

Philip J. Kavesh
Helping clients with customized estate planning guidance and trust & estate administration for over 44 years.
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