Order nuling that Section 3 of settlement agreement relating to divorce decree at issue was unambiguous and that deceased ex-wife intended to grant her employee benefits to her ex-husband, REVERSED; Section 3 of parties’ agreement completely, clearly and unambiguously expressed parties’ intent that beneficiary spouse released any and all interest in other party’s benefits at time of divorce and operated as complete waiver of appellee’s beneficiary designation; even if Section 3 required construction for purose of determining parties’ intent, its third sentence stated that spouse may voluntarily provide benefits to other spouse at any subsequent date, which reinforced parties’ intent that preceeding language was to operate as immediate release of any claim to other’s benefits; there was no affirmative act by ex-wife to constitute attempt to counter or override relinquishment of rights or claims under parties’ agreement; case remanded to trial court for consideration consistent with this opinion and Court noted that any question of appellee’s failure to abide by agreement and any finding of willfulness or contempt was for trial court to decide; ex-wife committed suicide and died intestate five days after divorce.

DeRyke v. Teets, S10A0710 (11/08/2010), 10 FCDR 3587.

From:  Fulton County Daily Report, 11/19/2010.