Matthews v. Matthews

647 A.2d 812, 336 Md. 241, 1994 Md. LEXIS 124
CourtCourt of Appeals of Maryland
DecidedSeptember 19, 1994
DocketNo. 127
StatusPublished
Cited by8 cases

This text of 647 A.2d 812 (Matthews v. Matthews) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matthews v. Matthews, 647 A.2d 812, 336 Md. 241, 1994 Md. LEXIS 124 (Md. 1994).

Opinion

RAKER, Judge.

Under the Survivor Benefit Plan, 10 U.S.C. §§ 1447-55 (1988 & 1993 Supp.), certain members of the armed services are eligible to elect to provide their dependents with survivor benefits. The issue in this case is whether Maryland courts have the authority, pursuant to a divorce decree, to order a party to maintain a former spouse as the beneficiary of the Survivor Benefit Plan. The Circuit Court for St. Mary’s County held that it did not have the power to order Herbert Matthews to maintain his Survivor Benefit Plan for the benefit of his former spouse, Jacquelyn Matthews. We hold that Congress granted Maryland courts the authority to order a party to maintain a former spouse as the beneficiary of his or her Survivor Benefit Plan.

[243]*243I.

The Circuit Court for St. Mary’s County granted Herbert Matthews an absolute divorce from Jacquelyn Matthews after twenty-three years of marriage. Pursuant to Maryland Code (1984, 1991 Repl.Vol. & 1998 CuimSupp.) §§ 8-205, 11-101, 11-106 & 11-110 of the Family Law Article, the court granted Jacquelyn a monetary award of $25,000, indefinite alimony of $1,750.00 per month, and attorney’s fees of $9,000.00. The circuit court, however, denied Mrs. Matthews’ request that Admiral Matthews be ordered to maintain her as the beneficiary of his Survivor Benefit Plan. Following her appeal to the Court of Special Appeals, we issued a writ of certiorari on our own motion to consider the question of whether a Maryland court has the authority to require one spouse to designate a former spouse as the beneficiary of the Survivor Benefit Plan.

When Herbert married Jacquelyn on June 25, 1971, he had been in the United States Navy for thirty-one years and had attained the rank of Admiral. He designated his wife, Jacquelyn, as the beneficiary of his Survivor Benefit Plan, thereby providing a monthly income to her in the event of his death. Two years after the marriage, he retired from the military. Following the parties’ separation in May of 1989, Adm. Matthews removed Mrs. Matthews as beneficiary by cancelling his participation in the plan.

The trial court ordered Adm. Matthews to secure the survivor benefits for Mrs. Matthews but subsequently vacated the ruling as “improvidently ordered.” In the initial opinion and order dated June 24, 1992, the circuit court required Adm. Matthews to provide survivor benefits for Mrs. Matthews, conditioned on her willingness to pay the monthly cost of maintaining the benefit. In response to motions to alter the judgment filed by both parties, the trial court entered a revised order. Finding that the court lacked authority to compel Adm. Matthews to retain Mrs. Matthews as a beneficiary of the Survivor Benefit Plan, the court vacated that portion of the order, stating two reasons: first, the benefits [244]*244accrued prior to the parties’ marriage and thus could not be considered marital property; and second, that the Survivor Benefit Plan is a form of life insurance, and as such, “forcing an individual to permit an ex-spouse to obtain a life insurance policy on them is in violation of Section 371 of the Maryland Insurance Code....”1 Dissatisfied with this ruling, Mrs. Matthews appealed to the Court of Special Appeals, and we granted certiorari prior to review by the intermediate appellate court.

II.

The Survivor Benefit Plan (SBP), 10 U.S.C. §§ 1447-55 (1988 & 1993 Supp.), purely a creature of federal law, was created by Congress in 1972. The plan was designed to provide financial security to a designated beneficiary of an active or retired military member, payable in the form of an annuity upon the service member’s death. Eligible participants include any member of the armed services who is entitled to retired pay and who is married or has a dependent child at the time he or she becomes entitled to retired pay. 10 U.S.C. §§ 1448(a)(1)(A) & (a)(2)(A). Eligible participants are automatically enrolled in the SBP unless they elect not to participate. 10 U.S.C. § 1448(a)(2)(A). Under the SBP, the government bears a portion of the cost of maintaining the SBP for its participating members; after retirement from the service, the member’s cost of participation is withheld from the participant’s monthly retirement pay. 10 U.S.C. § 1452. Upon the death of the participating member, the benefits are dispersed to the designated beneficiary through a monthly annuity. 10 U.S.C. § 1450(a).

The Survivor Benefit Plan has undergone several amendments since its enactment in 1972. When first enacted, the plan did not expressly provide that a former spouse was an [245]*245eligible beneficiary, and participation by a former spouse was limited to circumstances where the former spouse retained an “insurable interest” in the participating service member. Recognizing the limited situations where a former spouse would retain an insurable interest in a former husband or wife, the unusual circumstances often facing a former spouse, and the need to provide a measure of financial protection to a former spouse in the event of termination of a marriage, Congress amended the SBP in 1982 to expressly authorize participants to elect to provide annuities to former spouses. 10 U.S.C. § 1448(b)(2). Significantly, however, the amendment provided that “[n]othing in this chapter authorizes any court to order any person to elect under section 1448(b) of this title to provide an annuity to a former spouse unless such person has voluntarily agreed in writing to make such election.”

In 1986, Congress amended the SBP, deleting the provision requiring a voluntary written agreement for former spouse protection and inserting the language: “[a] court order may require a person to elect or to enter an agreement to elect ... under section 1448(b) of this title to provide an annuity to a former spouse----” 10 U.S.C. § 1450(f)(4). At issue today is whether this amendment confers authority upon Maryland courts to require a party to maintain a former spouse as the beneficiary of the SBP, or whether the Maryland General Assembly must enact enabling legislation to complement 10 U.S.C. § 1450 before Maryland courts may affect the military survivor benefits.

III.

According to Mrs. Matthews, the language of 10 U.S.C. § 1450(f)(4) which authorizes any state court to enter an order requiring a person to elect to provide an annuity to a former spouse makes it clear that Congress intended courts of record of this State to have the power that 10 U.S.C. § 1450(f)(4) purports to grant.

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Bluebook (online)
647 A.2d 812, 336 Md. 241, 1994 Md. LEXIS 124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matthews-v-matthews-md-1994.