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ERISA Trumps Premarital Agreement

Written by: Thomas James Daley Pro

Family Law Attorney

Contributor Level 17

Posted about 2 years ago. 1 helpful vote

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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)

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ERISA Trumps Premarital Agreement

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