Estate of 401(k) Plan Participant Can Seek Benefits from Former Spouse Who Received Benefits as Named Beneficiary But Waived Rights on Divorce: Third Circuit | Practical Law
In Kensinger v. URL Pharma, Inc., the US Court of Appeals for the Third Circuit held that a 401(k) plan participant may sue to seek plan benefits from the participant's former spouse, a named beneficiary, to attempt to recover plan benefits she received as a beneficiary under the plan, but waived in a divorce settlement.