Tina M. Lunsford v. Robert W. Lunsford

This case arose from the divorce of Tina M. Lunsford and Robert W. Lunsford, his untimely death, and a dispute between the estate of Robert W. Lunsford and Tina M. Lunsford as to the right to a pre-retirement death benefit provided by the Young Men’s Christian Association Retirement Fund in which Mr. Lunsford participated. Even though Tina M. Lunsford was the designated beneficiary of the death benefit at the time of Mr. Lunsford died, the trial court determined the intent of the parties evidenced by their marital dissolution agreement was to divest Tina Lunsford of any interest in his retirement plan. The trial court, by qualified domestic relations order, directed the death benefit be paid to the contingent beneficiaries and Tina M. Lunsford appealed. Because of the specific language of the marital dissolution agreement, we affirm.