Ex-wife of deceased pension plan participant brought action against participant’s widow, alleging that, under separation agreement between ex-wife and participant, ex-wife was entitled to a portion of participant’s pension and death benefits, and seeking establishment of a constructive trust. Held: As a matter of apparent first impression, circuit court could have reasonably concluded that it would be inequitable for widow to keep entirety of participant’s pension and death benefits without imposing constructive trust for ex-wife’s benefit.
Laura W. Morgan is the owner and operator at Family Law Consulting in Charlottesville, Virginia.Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com