SB 378

SLS 26RS-354  ORIGINAL
 2026 Regular Session
 SENATE BILL NO. 378
 BY SENATOR JACKSON-ANDREWS
 MATRIMONIAL REGIMES. Provides for the revocation of beneficiary designation for
 certain assets. (8/1/26)
1AN ACT
2 To amend and reenact R.S. 9:2449.1 and R.S. 22:911.1, relative to divorce; to provide with
3respect to certain beneficiary designation prior to divorce; to provide for the
4automatic revocation of certain benefits upon divorce; to provide with respect to
5certain retirement accounts; to provide relative to life insurance; to provide for
6liability of payor of certain proceeds upon death; to provide relative to exceptions;
7to provide for prospective and retroactive application; and to provide for related
8matters.
9 Be it enacted by the Legislature of Louisiana:
10Section 1. R.S. 9:2449.1 is hereby amended and reenacted to read as follows:
11§2449.1. Revocation upon divorce; deferred compensation plans
12A. A divorce of an individual from the individual's spouse revokes any
13benefit payable to the former spouse by reason of the individual's death under any
14pension, profit-sharing, retirement, or similar benefit plan, provided that the divorce
15occurs after the beneficiary is designated, the parties remained divorced from each
16other at the time of death, and no judgment or property-settlement agreement
17expressly provides otherwise. If revocation occurs, the proceeds of the plan are
  Page 1 of 3
  Coding: Words which are struck through are deletions from existing law;
  words in boldface type and underscored are additions.
 SLS 26RS-354  ORIGINAL
  SB NO. 378
1      payable as if the former spouse had predeceased the decedent.
2B. A payor is not liable for having made payment in good faith reliance on
3      the validity of a beneficiary designation affecting any pension, profit-sharing,
4      retirement, or similar benefit plan before the payor has received written notice of the
5      divorce, judgment, or property-settlement agreement at its home office or principal
6      office with notice that the beneficiary designation has been revoked under this
7      Section and has had a reasonable time within which to act.
8C. This Section shall not apply to any beneficiary designation made pursuant
9      to the Louisiana Public Retirement Law.
10D. The provisions of this Section shall be given prospective and
11      retroactive application.
12      Section 2. R.S. 22:911.1 is hereby amended and reenacted to read as follows:
13      §911.1. Revocation upon divorce; beneficiary designation in life insurance and
14annuity contracts
15A. In all policies of life or endowment insurance and in all annuity contracts,
16      divorce revokes any revocable designation made by a divorced individual to the
17      former spouse, provided that the divorce occurs after the beneficiary is designated,
18      the parties remained divorced from each other at the time of death, and no judgment
19      or property-settlement agreement expressly provides otherwise. If revocation occurs,
20      the proceeds of the policy or annuity contract are payable as if the former spouse had
21      predeceased the decedent.
22B. A payor is not liable for having made payment in good faith reliance on
23      the validity of a beneficiary designation affecting any insurance policy or annuity
24      before the payor has received written notice of the divorce, judgment, or property-
25      settlement agreement and has had a reasonable time within which to act.
26C. The provisions of this Section shall be given prospective and
27      retroactive application.
  Page 2 of 3
  Coding: Words which are struck through are deletions from existing law;
  words in boldface type and underscored are additions.
SLS 26RS-354  ORIGINAL
  SB NO. 378
   The original instrument and the following digest, which constitutes no part
   of the legislative instrument, were prepared by Senate Legislative Services.
   The keyword, summary, and digest do not constitute part of the law or proof
   or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
  DIGEST
SB 378 Original  2026 Regular Session  Jackson-Andrews
Present law (R.S. 9:2449.1) provides for the automatic revocation of any benefit payable to
a former spouse if the parties were divorced after the beneficiary is designated, they
remained divorced at the time of a party's death, and no agreement expressly provides
otherwise.
Present law provides that a payor is not liable for having made payment in good faith
reliance on the validity of a beneficiary designation affecting any pension, profit-sharing,
retirement, or similar benefit plan before the payor has received written notice of the
divorce, judgment, or property-settlement agreement at its home office or principal office
with notice that the beneficiary designation has been revoked under present law, and has had
a reasonable time within which to act.
Present law provides that present law shall not apply to any beneficiary designation made
pursuant to the Louisiana Public Retirement Law.
Proposed law retains present law and provides that the provisions of present law shall be
given prospective and retroactive application.
Present law (R.S. 22:911.1) provides for the automatic revocation of any benefit payable to
a former spouse in a life insurance policy if the parties were divorced after the beneficiary
is designated, they remained divorced at the time of a party's death, and no agreement
expressly provides otherwise.
Present law provides that a payor is not liable for having made payment in good faith
reliance on the validity of a beneficiary designation affecting any insurance policy or annuity
before the payor has received written notice of the divorce, judgment, or property-settlement
agreement, and has had a reasonable time within which to act.
Proposed law retains present law and provides that the provisions of present law shall be
given prospective and retroactive application.
Effective August 1, 2026.
(Amends R.S. 9:2449.1 and R.S. 22:911.1)
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   Coding: Words which are struck through are deletions from existing law;
   words in boldface type and underscored are additions.