Holman v. Thorson
Jan 30, 2015OUTCOME: Successful - claims against Wife dismissed. Wife retained proceeds.
Parties entered into separation agreement in which ex-wife waived all claims to insurance proceeds. Husband died leaving an insurance policy issued pursuant to the Servicemember's Group Life Insurance ... Act. Ex-wife was paid the proceeds of the policy and Estate sued ex-wife claiming it was entitled to proceeds due to ex-wife's waiver in divorce decree. Moved to dismiss claim against Wife on grounds of waiver contained in Judgment of Divorce. Moved to dismiss claim against Wife on grounds that federal law preempts state law and under federal law wife proceeds go to ex-wife as the named beneficiary.
