have a client who is an attorney but not familar with 401k law! She has a prenup with soon to be spouse! Once they are married does the pre-nup take precedence
over the normal irs rule that the surving spouse gets the 401k assets?
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Prenup
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 RDW49 |
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Posts: 1 (06/05/08 15:16:29) |
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DCK101 |
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Posts: 394 (06/11/08 14:53:29) Elite Member |
A prenup is meaningless to a qualified retirement plan.
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bpstrain |
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Posts: 4 (06/16/08 06:15:26) Junior Member |
DCK101 Can you explain your response in more detail?
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DCK101 |
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Posts: 396 (06/16/08 15:30:02) Elite Member |
A prenuptial agreement is not a legally recognized document under ERISA laws. Therefore its terms cannot be enforced under ERISA law. ERISA laws contain very
specific anti-alienation language. In other words there are only a very few ways that a participant, spouse of a participant, or beneficiary can be precluded
from receiving their vested accrued benefit under the plan:
1. In the case of a divorce, a Qualified Domestic Relations Order approved by the court and the Plan Administrator 2. A spouse may agree to the naming of a specifically named non-spouse beneficiary. 3. The IRS may lay claim to all or a portion of a benefit to satisfy taxes due. |
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