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The 8th Circuit Court of Appeals recently determined that broad provisions for the waiver of retirement benefits in antenuptial and postnuptial agreements are ineffective if the terms lack strict conformity with 29 U.S.C. §1055(c)(2)(A) of the Employee Retirement Income Security Act (ERISA).
Family law attorneys Alan C. Eidsness and Lisa T. Spencer discuss the Court’s decision and what attorneys need to do to ensure conformity with ERISA in their article, “Waiver of Retirement Benefits in Antenuptial & Postnuptial Agreements.”
The article is part of a series previously printed in Minnesota Lawyer covering topics relevant to the area of family law.