Turnmire v. Turnmire

Citations

• 200 N.E.3d 604
• 2022 Ohio 3968

Syllabus

Under the federal Servicemembers' Group Life Insurance Act (SGLIA), an insured spouse has an absolute right to change the beneficiary of a SGLIA policy. The insured spouse's fraudulent behavior of failing to disclose to a court that the beneficiary of a SGLIA policy has been changed to someone other than the person the court has ordered is not the type of fraud that warrants protection from preemption. On summary judgment, a court need not consider deposition testimony that would be inadmissible in court because it is based on hearsay and because the witness lacks personal knowledge of the matters testified to. Federal law governs a former spouse's right to a Survivor Benefit Plan (SBP) annuity and preempts inconsistent state law. A trial court has no authority to change the beneficiary of a SBP annuity or to impose a constructive trust over annuity payments.