8th Circuit: Antenuptial Agreement Did Not Waive Surviving Spouse's Rights

8th Circuit: Antenuptial Agreement Did Not Waive Surviving Spouse's Rights

ST. LOUIS - An antenuptial agreement did not waive a spouse's right to survivor benefits under a retirement plan governed by the Employee Retirement Income Security Act because the antenuptial agreement lacked an acknowledgment, the Eighth Circuit U.S. Court of Appeals affirmed July 12 in ruling that the surviving spouse and not the named beneficiaries were entitled to the plan's funds (MidAmerican Pension and Employee Benefits Plans Administrative Committee v. Michael G. Cox, et al., No. 12-3563, 8th Cir.; 2013 U.S. App. LEXIS 14104).

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