The Supreme Court’s recent decision in Sveen v. Melin has proven groundbreaking for many reasons. In our last article, we offered background information on this landmark case. Next, we’ll take an in-depth look at how Sveen v. Melin might impact divorcees in Minnesota and across the nation.

The Supreme Court’s Ruling

In a rare 8-1 decision, the Supreme Court ruled in favor of Sveen’s children. New Supreme Court justice Neil Gorsuch was the lone dissenter. In breaking with the majority, he hoped to draw attention to the application of the Constitution’s Contracts Clause. However, Justice Elena Kagan explained, “the law is unlikely to disturb any policyholder’s expectations because it does no more than a divorce court could always have done.”

How the Supreme Court’s Decision Will Impact Future Divorces in Minnesota

Minnesota is one of over two dozen states that maintains revocation on divorce — a practice involving the removal of beneficiary rights after a couple ends their marriage. As in many states, this approach is based on a notable Uniform Probate Code amendment, which refers to the failure to swap beneficiaries as ‘inattention’ and not ‘intention.’ The Supreme Court’s decision allows Minnesota and other states to continue revoking beneficiary rights.

As a divorcee, the main takeaway from this case is that you are not automatically entitled to beneficiary rights simply because your ex failed to designate somebody else. That’s not to say your ex is barred from designating you as beneficiary; he or she would simply need to refile the appropriate paperwork.

As a Minnesotan considering divorce, you’re rightfully worried about the role Sveen v. Melin and current state statutes will play in your financial future. The Brown Law Offices can provide the insight and guidance you need. Reach out today to learn more.

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Photo of Jason C. Brown Jason C. Brown

“I used to handle commercial litigation downtown, but it wasn’t very fulfilling. As Minnesota family law attorneys we have the privilege of helping people during one of the most challenging times they will face. This stuff really matters to our clients – and…

“I used to handle commercial litigation downtown, but it wasn’t very fulfilling. As Minnesota family law attorneys we have the privilege of helping people during one of the most challenging times they will face. This stuff really matters to our clients – and to us. We take pride in helping people move forward with their lives.”

Jason founded the Brown Law Offices, P.A. He has received national media attention for his work in the area of divorce and family law.

Jason Brown founded the Brown Law Offices, P.A., after clerking for the (now retired) Chief Judge of Minnesota’s Tenth Judicial District. He is an experienced trial lawyer, who handled a wide variety of cases (including civil commitment, criminal defense, probate, personal injury and commercial litigation) early in his career.

Today, Jason’s practice is dedicated exclusively to divorce and family law matters. He 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.

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.

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 obtained his B.S., magna cum laude, from Minnesota State University, Mankato, and his J.D., cum laude, from the William Mitchell College of Law in St. Paul. While in law school Jason was a published staff writer and associate editor for the William Mitchell Law Review.

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.

Outside of the office, Jason plays the bass guitar and serves on the Board of Directors at Northgate Church. He and his wife, Cynthia, also an attorney, have two boys.