ERISA Trumps Premarital Agreement

Thomas James Daley

Written by  Pro

Family Law Attorney - Dallas, TX

Contributor Level 18

Posted over 3 years ago. 1 helpful vote

Email

The wife's prenuptial agreement waiving her right to any of the deceased's separate property did not qualify as a waiver of her spousal rights as a beneficiary for an account under ERISA. Family Law in the Fifty States 2009-2010, 44 ABA FAM. L. J. 519, 531 (2011). As a practice note, this suggests that the attorney representing the husband should have handled the ERISA accounts outside of the prenup, if that's what the attorney's client wanted.

Additional Resources

Robbins V. Geisel, 666 F. Supp. 2d 463 (D.N.J. 2009)

Rate this guide

Related Topics

Legal separation and divorce

A legal separation and a divorce are different because a separation does not end the marriage. Spouses live apart and remain married.

Retirement benefits and ERISA

ERISA is a federal act that protects employee retirement funds and pension plans in private industry, establishing minimum standards for operation and payments.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

17,424 answers this week

2,342 attorneys answering