ERISA Pre-emption

ERISA is a federal law that governs employer-provided retirement benefits. Because federal law is the supreme law of the land under the constitution, ERISA “pre-empts” (i.e., supersedes or overrules) any conflicting state law. Most notable in the family law context, ERISA pre-emption means that Arizona’s automatic revocation statute does not apply to employer-provided benefits, or put more simply: If your spouse is the beneficiary of your employer-provided retirement plan, and you get divorced, your spouse is still the beneficiary. ERISA applies, not the state law that would have automatically removed your spouse as the beneficiary does not apply. To remove your former spouse as the beneficiary, you will need to execute new paperwork through your employer/plan administrator.