Thrivent Financial for Lutherans v. Andronescu, 300 P.3d 117

Brent Anderson purchased life insurance in Aug 1990 naming Lucia as primary beneficiary, plus Brent’s parents and sister as beneficiaries.
Brent and Lucia divorced in June 1993; the divorce decree awarded Brent the policy.
In Oct 1993, § 72-2-814, MCA, became effective, revoking former spouses as beneficiaries in governing instruments upon divorce.
Brent died in Aug 2010 in Montana without changing Lucia’s designation; Thrivent filed an interpleader to determine the rightful beneficiary.
Montana Supreme Court answered a certified question from the Ninth Circuit, holding that § 72-2-814 applies at the insured’s death and to divorces occurring during the insured’s lifetime.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does § 72-2-814 apply to a life policy beneficiary designation when divorce predates enactment?	Thrivent contends the statute operates at death and applies to pre-enactment divorces.	Lucia argues retroactivity concerns and reliance on pre-enactment law may apply.	Yes; statute applies at death to divorces during lifetime.

In re Guardianship & Conservatorship of Anderson, 353 Mont. 139, 218 P.3d 1220 (2009 MT 344) (beneficiary interest is an expectancy, like a will)
Feely v. Lacey, 322 P.2d 1104 (Mont. 1958) (beneficiary designations akin to legacies)
Eschler v. Eschler, 849 P.2d 196 (Mont. 1993) (pre-enactment posture not controlling here)
Porter v. Galarneau, 911 P.2d 1143 (Mont. 1979) (retroactivity not triggered merely by timing)
Buchholz v. Storsve, 740 N.W.2d 107 (S.D. 2007) (UPC-based revocation upon divorce used as construction rule)
Stillman v. Teachers Ins. & Annuity Assn. College Ret. Equities Fund, 343 F.3d 1311 (10th Cir. 2003) (revocation-upon-divorce statute policy rationale)
Langbein v. Harvard L. Rev., not applicable in this formatted list () (academic commentary cited by court)
Porter v. Galarneau, 911 P.2d 1143 (Mont. 1979) (retroactivity when applying statute)