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Kroger Estate Planning Alert: The Costly Mistake That Could Leave Assets to an Ex

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Healthcare Provider Update: Healthcare Provider for Kroger Kroger partners with a variety of health insurance providers for its employee healthcare plans, which typically include major insurers such as Anthem Blue Cross Blue Shield, UnitedHealthcare, and others. These partnerships offer comprehensive healthcare coverage options to their employees, ensuring access to a broad network of medical services. Potential Healthcare Cost Increases for Kroger in 2026 As we look ahead to 2026, Kroger employees-along with many others-may face substantial healthcare cost increases as health insurance premiums for Affordable Care Act (ACA) marketplace plans are projected to surge. In some states, premiums could rise by as much as 60%, driven by factors such as the expiration of enhanced federal premium subsidies and escalating medical costs, which are now rising at an alarming rate due to inflation and increased demand for healthcare services. According to analysts, without congressional intervention, the average out-of-pocket premium for ACA enrollees could jump by over 75%, putting financial strain on many families and potentially affecting their access to necessary healthcare services. Click here to learn more

'Kroger employees should remember that updating a will is only part of the divorce process—beneficiary designations and trusts must also be reviewed to keep estate plans aligned with their intentions.' – Wesley Boudreaux, a representative of The Retirement Group, a division of Wealth Enhancement.

'Kroger employees often underestimate how quickly outdated beneficiary designations can unravel even the best estate plans, making regular reviews after major life events essential.' – Patrick Ray, a representative of The Retirement Group, a division of Wealth Enhancement.

In this article, we will discuss:

1. Why wills alone may not be sufficient in estate planning after divorce.

2. How outdated beneficiary designations can override a will.

3. Practical steps Kroger employees can take to align estate plans with their intentions.

Divorce is often considered the final stage in dividing assets and property. However, for many Fortune 500 employees, one overlooked detail can upend years of careful planning and unintentionally allow an ex-spouse to receive a significant inheritance. If beneficiary names on key accounts and policies remain unchanged, even the most thorough will cannot stop this outcome. Because certain assets transfer directly to the listed beneficiary without going through probate, retirement plans, life insurance policies, annuities, and some bank accounts are especially at risk.

Many people don’t realize how prevalent this issue is. According to Wealth Enhancement financial professional Patrick Ray, 'Your ex‑spouse is typically treated as if they predeceased you for the purposes of your will under many state laws once a divorce is finalized.' This may remove them from the will, but not from all accounts. That means that while state law might automatically exclude an ex from a will, it does not override beneficiary designations on Kroger employee retirement accounts and insurance.

Why Wills Are Not Enough

Some believe that updating a will by itself is sufficient to carry out their wishes. However, wills have limitations that can undermine even the most thorough planning. For example, a will that is valid in one state may no longer be effective in another, and states like Florida may require a new will after divorce. For Fortune 500 employees relocating between different states, intestate succession laws could intervene, transferring property to unintended relatives.

'The biggest misconception is that your will covers everything,' says Patrick Ray. The reality is that many accounts pay directly to the person listed as beneficiary, bypassing probate altogether.

Beneficiary Designations Override Wills

Beneficiary designations are often the single biggest risk in estate planning. Retirement funds such as 401ks, IRAs, pensions, annuities, life insurance, and payable-on-death bank accounts pass directly to the person listed. So for Fortune 500 employees, if an ex-spouse is still listed, that person will receive those assets—regardless of what the will states.

According to Wealth Enhancement financial professional Michael Corgiat, 'A will only controls assets in your sole name without a designated beneficiary.' Overlooking even one outdated designation could undo a lifetime of planning and result in benefits going to someone unintended.

Federal Law Can Override State Protections

When federal law applies, the situation becomes more complex. Retirement programs such as 401ks and pensions fall under ERISA, which requires administrators to honor the named beneficiary, even if that person is an ex-spouse. For Fortune 500 employees covered under ERISA plans, this federal rule takes precedence over state divorce laws.

In some cases, divorce decrees may require an ex-spouse to remain as beneficiary to satisfy obligations like child support or alimony. 'It’s crucial to verify what your divorce orders actually state,' warns Corgiat.

Beyond Wills: Trusts Provide Additional Coverage

Employees and retirees can strengthen their estate planning by using trusts alongside wills and beneficiary forms. Revocable and irrevocable living trusts can help channel assets more effectively and lessen the chances of an ex-spouse receiving an unintended inheritance. For Fortune 500 households, trusts can offer adaptability, protection from creditors, and potential tax advantages, depending on the type selected.

Prenuptial and postnuptial agreements can also help by clearly defining inheritance rights, reducing disputes, and offering clarity in the event of divorce.

The Consequences of Overlooking Updates

Failing to update beneficiary designations, wills, or trusts can erase years—even decades—of preparation. For Fortune 500 professionals, this could result in large retirement accounts or life insurance payouts going to an ex-spouse instead of children or a current partner. Estate and probate laws vary considerably by state, and ERISA introduces another layer of complexity, making it critical to coordinate with professionals.

Corgiat emphasizes, 'Attempting to handle these decisions without professional help is risky.' Working with financial advisors and attorneys can help align estate planning with current wishes.


Practical Steps to Stay Aligned

To mitigate risk, employees should:

1. Update beneficiary designations promptly after divorce.

2. Confirm that divorce orders are being followed.

3. Review wills and trusts after major life events such as marriage, divorce, childbirth, or relocation.

4. Consider using trusts to centralize distribution of assets.

5. Consult with financial advisors and attorneys to navigate state and federal regulations.

Recent data shows that over half of U.S. households had retirement accounts such as 401ks or IRAs 1 —which highlights how common it is for Fortune 500 retirees to hold assets that might pass through outdated beneficiary designations.

Even if a will is updated, an ex-spouse could still receive benefits through overlooked accounts. Trusts, updated designations, and careful review of divorce orders are key tools for aligning estate documentation with long-term wishes.

Think of it like home protection: while a strong front door (the will) may be locked, open side gates (outdated beneficiary designations) can grant entry. Fortune 500 employees should confirm that every account and document is consistent with their intentions—so their plans function as intended.

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Sources:

1. American Society of Pension Professionals & Actuaries. ' More Than Half of U.S. Households Have Retirement Accuonts, CRS Says ,' by John Iekel. March 4, 2025. 

Other Resources:

1. Hutchinson Thomas. ' The importance of updating your will after a divorce .' May 4, 2024. 

2. Waypoint Legal. ' Beneficiary Designations: Why You Should Regularly Update Them .' March 4, 2025. 

3. Investopedia. ' Divorce and 401(k): What You Need to Know ,' by Greg Daugherty. Feb. 7, 2025. 

How does the KROGER CONSOLIDATED RETIREMENT BENEFIT PLAN ensure that employees receive adequate retirement benefits calculated based on their years of service and compensation? Are there specific formulas or formulas that KROGER uses to ensure fair distribution of benefits among its participants, particularly in regards to early retirement adjustments?

The KROGER CONSOLIDATED RETIREMENT BENEFIT PLAN ensures that employees receive adequate retirement benefits based on a formula that takes into account both years of credited service and compensation. The plan, being a defined benefit plan, calculates benefits that are typically paid out monthly upon reaching the normal retirement age, but adjustments can be made for early retirement. This formula guarantees that employees who retire early will see reductions based on the plan’s terms, ensuring a fair distribution across participants​(KROGER_2023-10-01_QDRO_…).

In what ways does the cash balance formula mentioned in the KROGER CONSOLIDATED RETIREMENT BENEFIT PLAN impact the retirement planning of employees? How are these benefits expressed in more relatable terms similar to a defined contribution plan, and how might this affect an employee's perception of their retirement savings?

The cash balance formula in the KROGER CONSOLIDATED RETIREMENT BENEFIT PLAN impacts retirement planning by expressing benefits in a manner similar to defined contribution plans. Instead of a traditional annuity calculation, the benefits are often framed as a hypothetical account balance or lump sum, which might make it easier for employees to relate their retirement savings to more familiar terms, thereby influencing how they perceive the growth and adequacy of their retirement savings​(KROGER_2023-10-01_QDRO_…).

Can you explain the concept of "shared payment" and "separate interest" as they apply to the KROGER CONSOLIDATED RETIREMENT BENEFIT PLAN? How do these payment structures affect retirees and their alternate payees, and what considerations should participants keep in mind when navigating these options?

In the KROGER CONSOLIDATED RETIREMENT BENEFIT PLAN, "shared payment" refers to a payment structure where the alternate payee receives a portion of the participant’s benefit during the participant's lifetime. In contrast, "separate interest" means that the alternate payee receives a separate benefit, typically over their own lifetime. These structures impact how retirees and their alternate payees manage their retirement income, with shared payments being tied to the participant’s life and separate interests providing independent payments​(KROGER_2023-10-01_QDRO_…).

What procedures does KROGER have in place for employees to access or review the applicable Summary Plan Description? How can understanding this document help employees make more informed decisions regarding their retirement benefits and entitlements under the KROGER plan?

KROGER provides procedures for employees to access the Summary Plan Description, typically through HR or digital platforms. Understanding this document is crucial as it outlines the plan’s specific terms, helping employees make more informed decisions about retirement benefits, including when to retire and how to maximize their benefits under the plan​(KROGER_2023-10-01_QDRO_…).

With regard to early retirement options, what specific features of the KROGER CONSOLIDATED RETIREMENT BENEFIT PLAN can employees take advantage of? How does the plan's definition of "normal retirement age" influence an employee's decision to retire early, and what potential consequences might this have on their benefits?

The KROGER CONSOLIDATED RETIREMENT BENEFIT PLAN offers early retirement options that include adjustments for those retiring before the plan’s defined "normal retirement age." This early retirement can result in reduced benefits, so employees must carefully consider how retiring early will impact their overall retirement income. The definition of normal retirement age serves as a benchmark, influencing the timing of retirement decisions​(KROGER_2023-10-01_QDRO_…).

How does the KROGER CONSOLIDATED RETIREMENT BENEFIT PLAN address potential changes in federal regulations or tax law that may impact retirement plans? In what ways does KROGER communicate these changes to employees, and how can participants stay informed about updates to their retirement benefits?

The KROGER CONSOLIDATED RETIREMENT BENEFIT PLAN incorporates changes in federal regulations or tax laws by updating the plan terms accordingly. KROGER communicates these changes to employees through official channels, such as newsletters or HR communications, ensuring participants are informed and can adjust their retirement planning in line with regulatory changes​(KROGER_2023-10-01_QDRO_…).

What are some common misconceptions regarding participation in the KROGER CONSOLIDATED RETIREMENT BENEFIT PLAN that employees might have? How can these misconceptions impact their retirement planning strategies, and what resources does KROGER provide to clarify these issues?

A common misconception regarding participation in the KROGER CONSOLIDATED RETIREMENT BENEFIT PLAN is that it functions similarly to a defined contribution plan, which it does not. This can lead to confusion about benefit accrual and payouts. KROGER provides resources such as plan summaries and HR support to clarify these misunderstandings and help employees better strategize their retirement plans​(KROGER_2023-10-01_QDRO_…).

How does the KROGER CONSOLIDATED RETIREMENT BENEFIT PLAN interact with other employer-sponsored retirement plans, specifically concerning offsetting benefits? What implications does this have for employees who may also be participating in defined contribution plans?

The KROGER CONSOLIDATED RETIREMENT BENEFIT PLAN interacts with other employer-sponsored retirement plans by offsetting benefits, particularly with defined contribution plans. This means that benefits from the defined benefit plan may be reduced if the employee is also receiving benefits from a defined contribution plan, impacting the total retirement income​(KROGER_2023-10-01_QDRO_…).

What options are available to employees of KROGER regarding the distribution of their retirement benefits upon reaching retirement age? How can employees effectively plan their retirement income to ensure sustainability through their retirement years based on the features of the KROGER plan?

Upon reaching retirement age, KROGER employees have various options for distributing their retirement benefits, including lump sums or annuity payments. Employees should carefully plan their retirement income, considering the sustainability of their benefits through their retirement years. The plan’s features provide flexibility, allowing employees to choose the option that best fits their financial goals​(KROGER_2023-10-01_QDRO_…).

How can employees contact KROGER for more information or assistance regarding the KROGER CONSOLIDATED RETIREMENT BENEFIT PLAN? What are the recommended channels for employees seeking guidance on their retirement benefits, and what type of support can they expect from KROGER's human resources team?

Employees seeking more information or assistance regarding the KROGER CONSOLIDATED RETIREMENT BENEFIT PLAN can contact the company through HR or dedicated plan administrators. The recommended channels include direct communication with HR or online resources. Employees can expect detailed support in understanding their benefits and planning for retirement​(KROGER_2023-10-01_QDRO_…).

With the current political climate we are in it is important to keep up with current news and remain knowledgeable about your benefits.
Kroger offers both a defined benefit pension plan and a 401(k) retirement savings account plan. The defined benefit plan provides retirement income based on years of service and final average pay. The 401(k) plan allows employees to save for retirement with personal and employer contributions, including a company match. Employees can choose from various investment options within the 401(k) plan to grow their retirement savings.
Operational Changes: Kroger is undergoing a restructuring process that includes closing underperforming stores and cutting administrative costs. Layoffs: The company has announced layoffs affecting about 1,500 employees (Source: CNN). Financial Performance: Despite these changes, Kroger reported a 7% increase in same-store sales for Q2 2023, reflecting strong consumer demand (Source: Kroger).
Kroger offers RSUs that vest over time, providing shares to employees upon vesting. Stock options are also available, allowing employees to purchase shares at a set price, potentially benefiting from stock price increases.
Kroger has made significant updates to its employee healthcare benefits to align with the current economic, investment, tax, and political environment. In 2022, Kroger Health, the healthcare division of The Kroger Co., entered into a direct agreement with Prime Therapeutics to ensure continued access to affordable healthcare services for over 33 million Americans. This agreement, effective January 1, 2023, allowed Kroger's pharmacies to remain in-network for Prime's Medicare Part D members and other commercial, Medicare, and Medicaid customers. This initiative underscores Kroger's commitment to providing comprehensive healthcare services, including administering COVID-19 vaccines, offering in-store antibody tests, and distributing at-home COVID-19 tests, thereby enhancing health access and affordability. In 2023, Kroger was recognized for its commitment to workplace mental health, receiving the Gold Bell Seal for Workplace Mental Health from Mental Health America for the second consecutive year. This certification highlights Kroger's efforts to create a supportive and caring environment for its associates, focusing on mental, physical, and financial well-being. Kroger's wellness programs, mental health services, Employee Assistance Programs (EAP), and paid time off were rigorously evaluated, demonstrating the company's ongoing dedication to employee well-being. These efforts are part of Kroger's broader strategy to ensure a healthy and productive workforce, which is critical in navigating the current economic challenges and maintaining long-term business success.
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For more information you can reach the plan administrator for Kroger at 104 vine street Cincinnati, OH 45202-1100; or by calling them at 513-762-4000.

https://www.thekrogerco.com/documents/pension-plan-2022.pdf - Page 5, https://www.thekrogerco.com/documents/pension-plan-2023.pdf - Page 12, https://www.thekrogerco.com/documents/pension-plan-2024.pdf - Page 15, https://www.thekrogerco.com/documents/401k-plan-2022.pdf - Page 8, https://www.thekrogerco.com/documents/401k-plan-2023.pdf - Page 22, https://www.thekrogerco.com/documents/401k-plan-2024.pdf - Page 28, https://www.thekrogerco.com/documents/rsu-plan-2022.pdf - Page 20, https://www.thekrogerco.com/documents/rsu-plan-2023.pdf - Page 14, https://www.thekrogerco.com/documents/rsu-plan-2024.pdf - Page 17, https://www.thekrogerco.com/documents/healthcare-plan-2022.pdf - Page 23

*Please see disclaimer for more information

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