The theory of modem domestic relations law—marriage as partnership—requires recognition of the non-employee spouse's ownership interest in the pension. This note challenges the Francis court's finding that recognition of the non-employee spouse's ownership interest was preempted by ERISA, concluding that Congress did not intend to bring about the regression in domestic relations law that Francis threatens.
Donald L. Shanks,
ERISA Preemption of Community Property Law—Francis v. United Technologies Corp., 458 F. Supp. 84 (N.D. Cal. 1978),
55 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol55/iss2/8