Updated Monday, July 28, 2014 as of 6:35 PM ET
Portfolio - IRAs/401K
Appeals Court Holds Postnup Doesn’t Waive Spousal Rights To 401(k)
by: Donald Jay Korn
Wednesday, July 24, 2013

Can a marital agreement (like a pre- or post-nup) override a spouse’s right to be a retirement plan beneficiary? The U.S. Court of Appeals for the Eighth Circuit recently said no – in one specific case, at least.  The ruling illustrates that overriding spousal rights to a client’s retirement plan may be more difficult than expected.

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