Change is afoot in the Supreme Court, but as we’ve focused on new justices, many of us have ignored recent decisions that have a direct impact on our lives. One of the most notable? Sveen v. Melin, a case that began with a Minnesota state statute and ended with an influential ruling.

The Story Behind Sveen v. Melin

Sveen v. Melin revolved around a Minnesota statute that allows ex-spouses to be removed as post-divorce beneficiaries. It all began when Mark Sveen married Kaye Melin and purchased a life insurance policy — listing his then-wife as the primary beneficiary. When the couple divorced in 2007, the decree made no mention of the policy.

Sveen did not take steps to alter the beneficiary designation. When he died in 2011, his ex-wife remained the sole beneficiary. By that time, however, a Minnesota statute had declared that divorce automatically revoked beneficiary designation for ex-spouses.

The Role of Timing

Following Sveen’s death, his children claimed that, based on the aforementioned Minnesota statute, Melin should not be the sole beneficiary of the life insurance policy. Melin countered that Sveen purchased the policy in 1998 — well before Minnesota enacted the statute in question. She argued that it was unconstitutional to enforce a rule that didn’t apply at the time of purchase.

Ultimately, the Supreme Court ruled in favor of Sveen’s children. In Part 2, we’ll examine the reasoning behind this decision, and how it might impact not only divorces, but state law in general.

Worried about how Sveen v. Melin (and divorce in general) will impact your life insurance policy? You don’t need to go it alone. Work with the Brown Law Offices to determine the best approach to your divorce.

Print:
EmailTweetLikeLinkedIn
Photo of Jason Brown Jason Brown

Jason Brown founded the Brown Law Offices, P.A. in 2003 after working for several years as an associate attorney in downtown Minneapolis. He graduated with honors from Mankato State University in 1997 and the William Mitchell College of Law in 2000.

Jason has…

Jason Brown founded the Brown Law Offices, P.A. in 2003 after working for several years as an associate attorney in downtown Minneapolis. He graduated with honors from Mankato State University in 1997 and the William Mitchell College of Law in 2000.

Jason has successfully litigated against some of the more recognized family law attorneys in the Twin Cities. He has been named a “Super Lawyer” by Thomson Reuters, and one of the Top 100 Family Law Attorneys in Minnesota by the Society of Legal Advocates.

In addition to his work as a lawyer, Jason serves as a mediator, and court-appointed early neutral evaluator, in divorce and family law cases throughout Minnesota. He frequently writes and speaks concerning divorce and family law issues, including several invitations to present seminars for the Minnesota Judicial Branch in St. Paul.

Beyond family law, Jason has represented hundreds of clients accused of a serious crime, including arson, fraud, unauthorized computer access, burglary, felony strangulation and obstruction of justice. He also provides estate planning services.

Local media appearances by Jason include WCCO Radio, KARE 11 Television, Fox 9 Television and WCCO Television. His national media appearances include NBC News, Time Magazine, USA Today and the Huffington Post.

Jason is the former chairperson of the Family Law Section of the Minnesota Trial Lawyer’s Association, and taught divorce and family law coursework within the paralegal program at North Hennepin Community College. He publishes the Minnesota Family Law Blog, which has been recognized as a “Top 25″ by the Minnesota State Bar Association.

Outside of the office, Jason enjoys playing the bass and electric guitar and spending time in the north woods of Wisconsin.


Areas of Practice
  • Divorce
  • Custody
  • Adoption
  • Restraining Orders
  • Prenuptial Agreements
  • Criminal Defense
  • Estate Planning
Notable Cases
  • Representation of Four Grandparents in Minnesota’s First Quad-Parenting Adoption
  • Representation of Client in Minnesota’s First Same-Sex Divorce
Bar Admissions
  • Minnesota State Bar, 2000
  • US District Court – District of Minnesota, 2002
Education
  • William Mitchell College of Law, 2000
  • Minnesota State University, Mankato, 1997
Joined Firm
  • 2003
Professional Associations & Activities
  • Minnesota State Bar Association
  • Presenter, Various CLE Courses
  • Monthly Columnist, Minnesota Lawyer Newspaper