[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.amorusolaw.com\/blog\/post-nuptial-agreements-retirement-plans-proceed-with-caution-white-plains-ny\/#BlogPosting","mainEntityOfPage":"https:\/\/www.amorusolaw.com\/blog\/post-nuptial-agreements-retirement-plans-proceed-with-caution-white-plains-ny\/","headline":"Post-Nuptial Agreements &#038; Retirement Plans: Proceed With Caution","name":"Post-Nuptial Agreements &#038; Retirement Plans: Proceed With Caution","description":"Under federal pension law, there are many very strict legal requirements that must be met when a spouse tries to waive his or her rights to the other spouse\u2019s retirement benefits. In this case, those rules weren\u2019t met because the post-nuptial agreement was drafted incorrectly. So because the agreement wasn\u2019t written properly, the soon-to-be-but-not-yet ex-wife [&hellip;]","datePublished":"2013-08-26","dateModified":"2023-08-12","author":{"@type":"Person","@id":"https:\/\/www.amorusolaw.com\/blog\/author\/amorusolaw\/#Person","name":"Amoruso &amp; Amoruso, LLP","url":"https:\/\/www.amorusolaw.com\/blog\/author\/amorusolaw\/","identifier":5,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/12de032c04195e9c39a06a6d6eea182f7b4fa655c20e245f8094a244b5cdd0cb?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/12de032c04195e9c39a06a6d6eea182f7b4fa655c20e245f8094a244b5cdd0cb?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Amoruso & Amoruso, LLP","logo":{"@type":"ImageObject","@id":"https:\/\/www.amorusolaw.com\/wp-content\/uploads\/2023\/07\/amoruso-logo.svg","url":"https:\/\/www.amorusolaw.com\/wp-content\/uploads\/2023\/07\/amoruso-logo.svg","width":0,"height":0}},"image":{"@type":"ImageObject","@id":"https:\/\/www.amorusolaw.com\/wp-content\/uploads\/2023\/04\/6a01901dd0a082970b01901ef8858e.jpg","url":"https:\/\/www.amorusolaw.com\/wp-content\/uploads\/2023\/04\/6a01901dd0a082970b01901ef8858e.jpg","height":939,"width":1280},"url":"https:\/\/www.amorusolaw.com\/blog\/post-nuptial-agreements-retirement-plans-proceed-with-caution-white-plains-ny\/","about":["Divorce","Estate Planning","Marriage","Post-Nuptual agreements","Pre-Nuptial agreements","Retirement"],"wordCount":453,"keywords":["Asset Protection","Divorce","Estate Planning","Marriage","Post-nuptial","Prenuptial"],"articleBody":"Under federal pension law, there are many very strict legal requirements that must be met when a spouse tries to waive his or her rights to the other spouse\u2019s retirement benefits. In this case, those rules weren\u2019t met because the post-nuptial agreement was drafted incorrectly. So because the agreement wasn\u2019t written properly, the soon-to-be-but-not-yet ex-wife got everything.It is becoming more and more common for a marriage to start with an agreement; and we are not talking about the type of cake served at the reception. Nowadays we are seeing an rise in pre-nuptial or even post-nuptial agreements before anyone walks down the aisle. If you are considering this type of prerequisite, make sure you understand them and plan accordingly \u2026 or risk an unexpected backfire down the road.Specifically, and in light of the recent case of Mid-American Pension v. Michael Cox, it is important to appreciate that IRAs and otherspecific assets with named beneficiaries and separate legal designations are just tricky when it comes to any legal planning. More to the point, pre-nuptial or post-nuptial planning for these assets can be risky, as highlighted in a recent article in The Slott Report titled \u201cUsing Post-Nuptial Agreements for Employer Plan Benefits is Risky.\u201dIn the case of Mid-American Pension v. Michael Cox, a husband and wife came to an agreement and signed a post-nuptial agreement promising to disclaim any right to the other\u2019s assets in the event of divorce. Mr. Cox filed for divorce (this was the third time, and they had been married to and divorced from each other twice before), but never succeeded because he passed away before the proceedings could beconcluded. All the same, Mrs. Cox was supposed to disclaim everything, including his IRA, but that did not happen. The parents of Mr. Cox were the intended and designated beneficiaries of their son\u2019s IRA.When the not-yet-ex-wife and her in-laws went to court, Mrs. Cox prevailed because the proper protocol for disclaiming an interest in retirement funds was not followed. You see, IRAs, pensions, and the like have very specific and legally enforced requirements, and the post-nuptial agreement did not cut the mustard. In fact, a simple form from the plan provider would be necessary in this instance.IRAs and pensions are one thing, but they are not the only assets to consider when entering into a pre-nuptial or post-nuptial agreement. Follow the \u201ccarpenter\u2019s rule\u201d and measure twice and cut once. There are few do-overs if the time ever comes when the agreement must be enforced.Reference: The Slott Report (August 13, 2013) \u201cUsing Post-Nuptial Agreements for Employer Plan Benefits is Risky\u201dFor more information on estate planning, please visit my estate planning website."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.amorusolaw.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Post-Nuptial Agreements &#038; Retirement Plans: Proceed With Caution","item":"https:\/\/www.amorusolaw.com\/blog\/post-nuptial-agreements-retirement-plans-proceed-with-caution-white-plains-ny\/#breadcrumbitem"}]}]