Can the Waiver of Beneficiary Status of An Ex-Spouse Be Waived ?
Waiver of beneficiary status under decedent's pension plan by decedent of re-spondent ex-spouse's:
The "waiver of waiver" issue is informed by the fact that there has been no decided case cited to the Court or uncovered by independent research where the courts have failed to enforce the type of ex-spouse waiver at issue in Curley.
The issue, as framed by the Court of Appeals in v. Giltrop, 68 N.Y. 2d 651, 496 N.E.2d 224, 505 N.Y.S. 2d 65 (1986), is whether there is evidence to support a finding that the decedent, during his life, released the ex-spouse from her promise not to make claim for death benefits. 68 N.Y. 2d at 654, 496 N.E.2d at 226, 505 N.Y.S. 2d at 67.
In Curley, the Court of Appeals did not find such evidence merely in the fact that the decedent did not change his beneficiary designation in the few weeks between the divorce and decedent's suicide, given the nearly in extremis condition of the decedent during that period.