1. What Happened in Sveen v. Melin?
In Sveen v. Melin, the U.S. Supreme Court looked at a Minnesota law that automatically removes an ex-spouse as the beneficiary of a life insurance policy once a couple divorces. The big question was whether that law could apply retroactively—meaning, could it cancel beneficiary designations made before the law was passed?
The Court said yes. Writing for the majority, Justice Kagan explained that the law simply reflects what most people intend after a divorce: they no longer want their ex to receive the proceeds. Since the policyholder could always update their beneficiary form if they wanted their ex to stay on, the law didn’t violate the Constitution’s Contracts Clause.
2. Why This Case Got Attention
Many states have similar laws that revoke beneficiary designations to an ex automatically after a divorce. The Sveen ruling made clear that these laws are valid—even if they apply to older policies. It was a win for laws that aim to honor people’s likely intent without requiring them to take action after a divorce.
3. But Georgia Does Things Differently
Here’s where Georgia stands apart.
Under Georgia law, if you name your spouse in your will, that gift is automatically revoked once you’re divorced (O.C.G.A. § 53-4-49). The law treats your ex as if they died before you.
But when it comes to life insurance, retirement accounts, or other beneficiary designations? Georgia does not automatically remove your ex. If they’re still listed as the beneficiary after the divorce, they’re still going to receive the money—unless you take steps to change it.
In other words, Georgia doesn’t follow the rule at issue in Sveen v. Melin, and this Supreme Court decision doesn’t change that.
4. What This Means for You
If you live in Georgia, you are responsible for updating your beneficiary designations. The state won’t do it for you.
Here’s what we recommend:
- Review your beneficiary designations after a divorce. This includes life insurance, retirement accounts, and any payable-on-death or transfer-on-death accounts.
- Don’t assume your will overrides beneficiary forms. These assets pass outside of probate. The form on file with the insurance company or account administrator controls.
- If your divorce decree requires a life insurance policy for child support or alimony, make sure the beneficiary matches that order.
- Revisit your estate planning documents. Georgia law revokes your ex’s role in your will, but it won’t touch powers of attorney or healthcare directives unless you update them.
5. Bottom Line
The Sveen decision gave states the green light to enforce laws that automatically revoke beneficiary designations to an ex-spouse. Georgia, however, hasn’t passed a law like that. So unless and until that changes, it’s entirely up to you to update your documents.
A five-minute form could be the difference between your children receiving your life insurance—or your ex.
This post is for informational purposes only and does not provide legal advice. For guidance tailored to your situation, speak with an experienced estate planning attorney.
