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Home / Opinion Digests / In ERISA case, marriage can’t be attacked after spouse’s death (access required)

In ERISA case, marriage can’t be attacked after spouse’s death (access required)

Whether a spouse who died lacked the mental capacity to enter into a marriage could not be challenged because under Virginia law, even assuming a decedent was mentally handicapped, the marriage could not be collaterally attacked after one spouse’s death. As such, the decedent’s wife was awarded benefits. Background Angela Jones is the widow of the decedent, ...