[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"detail-sidebar-cat-1-en-105":3,"doc-seo-282010-105":53,"doc-detail-282010-en":127},{"code":4,"msg":5,"data":6},0,"success",[7,14,19,24,29,34,39,44,49],{"id":8,"doc_module":9,"doc_module_name":10,"category_name":11,"show_sort_weight":12,"slug":13},11,1,"Template","Presentations",90,"presentations",{"id":15,"doc_module":9,"doc_module_name":10,"category_name":16,"show_sort_weight":17,"slug":18},12,"Resumes",80,"resumes",{"id":20,"doc_module":9,"doc_module_name":10,"category_name":21,"show_sort_weight":22,"slug":23},14,"Invoices",70,"invoices",{"id":25,"doc_module":9,"doc_module_name":10,"category_name":26,"show_sort_weight":27,"slug":28},15,"Posters",60,"posters",{"id":30,"doc_module":9,"doc_module_name":10,"category_name":31,"show_sort_weight":32,"slug":33},16,"Social Media",50,"social-media",{"id":35,"doc_module":9,"doc_module_name":10,"category_name":36,"show_sort_weight":37,"slug":38},17,"Forms",40,"forms",{"id":40,"doc_module":9,"doc_module_name":10,"category_name":41,"show_sort_weight":42,"slug":43},18,"Letters",30,"letters",{"id":45,"doc_module":9,"doc_module_name":10,"category_name":46,"show_sort_weight":47,"slug":48},21,"Paper Templates",5,"papers-templates",{"id":50,"doc_module":9,"doc_module_name":10,"category_name":51,"show_sort_weight":4,"slug":52},158,"General","general-158",{"code":4,"msg":54,"data":55},"ok",{"site_id":56,"language":57,"slug":58,"title":59,"keywords":60,"description":61,"schema_data":62,"social_meta":120,"head_meta":122,"extra_data":124,"updated_unix":126},105,"en","waiver-of-retirement-benefits-in-antenuptial-postnuptial-agreements","Waiver of Retirement Benefits in Antenuptial & Postnuptial Agreements","","Guidance on drafting enforceable antenuptial and postnuptial agreements that waive retirement benefits for married couples. The document explains that broad waiver language may be ineffective when it does not strictly satisfy ERISA 29 U.S.C. §1055(c)(2)(A), as applied in MidAmerican Pension and Employee Benefits Plans Administrative Committee v. Cox (8th Cir. 2013). It analyzes consent requirements, acknowledgment of the waiver’s effect, and the need for clear, unequivocal notice regarding spousal rights.",{"@graph":63,"@context":119},[64,80,102],{"@type":65,"itemListElement":66},"BreadcrumbList",[67,71,74,77],{"item":68,"name":69,"@type":70,"position":9},"https://docshare.wps.com","Home","ListItem",{"item":72,"name":10,"@type":70,"position":73},"https://docshare.wps.com/template/",2,{"item":75,"name":41,"@type":70,"position":76},"https://docshare.wps.com/template/letters/",3,{"item":78,"name":59,"@type":70,"position":79},"https://docshare.wps.com/template/waiver-of-retirement-benefits-in-antenuptial-postnuptial-agreements/282010/",4,{"url":78,"name":59,"@type":81,"image":82,"author":87,"headline":59,"publisher":90,"fileFormat":93,"inLanguage":57,"description":61,"dateModified":94,"datePublished":95,"encodingFormat":93,"isAccessibleForFree":96,"interactionStatistic":97},"DigitalDocument",{"url":83,"@type":84,"width":85,"height":86},"https://docshare.wps.com/thumbnails/waiver-of-retirement-benefits-in-antenuptial-postnuptial-agreements/282010.png","ImageObject",442,249,{"name":88,"@type":89},"Lucas Martin","Person",{"url":68,"name":91,"@type":92},"DocShare","Organization","application/pdf","2026-10-22","2026-09-16",true,{"@type":98,"interactionType":99,"userInteractionCount":101},"InteractionCounter",{"@type":100},"ViewAction",13,{"@type":103,"mainEntity":104},"FAQPage",[105,111,115],{"name":106,"@type":107,"acceptedAnswer":108},"Why must waiver provisions in antenuptial or postnuptial agreements be drafted with strict conformity to ERISA?","Question",{"text":109,"@type":110},"Because ERISA’s survivorship waiver election is only effective when the spouse’s written consent and acknowledgment satisfy the statutory requirements in 29 U.S.C. §1055(c)(2)(A). Broad language without that strict conformity can fail upon enforcement.","Answer",{"name":112,"@type":107,"acceptedAnswer":113},"What did the court find lacking in the spouse’s retirement-benefits waiver?",{"text":114,"@type":110},"The court found that the agreement contemplated future execution of a consent rather than providing the spouse’s actual written consent meeting the ERISA acknowledgment and witness requirements. It also failed to clearly and expressly inform the spouse of the spousal right and the affirmative waiver effect.",{"name":116,"@type":107,"acceptedAnswer":117},"Did the pending divorce at the time of death affect the outcome?",{"text":118,"@type":110},"The court stated that the pending marital dissolution matter was irrelevant, because the parties were married when the spouse died, and the situation could not be treated as a divorce of a deceased person.","https://schema.org",{"og:url":78,"og:type":121,"og:title":59,"og:site_name":91,"og:description":61},"article",{"robots":123,"canonical":78},"index,follow",{"doc_id":125,"site_id":56},282010,1790188196,{"code":4,"msg":5,"data":128},{"doc_id":125,"user_id":129,"nickname":88,"user_avatar":130,"doc_module":9,"category_id":40,"category_name":41,"doc_title":59,"doc_description":61,"doc_content":131,"file_id":132,"file_url":133,"file_type":134,"file_size":135,"view_count":101,"is_deleted":4,"is_public":9,"is_downloadable":9,"audit_status":9,"page_count":73,"language":136,"language_code":57,"site_id":56,"html_lang":57,"table_of_contents":137,"faqs":138,"seo_title":139,"seo_description":61,"update_tm":140,"read_time":9},8796095360427,"https://ap-avatar.wpscdn.com/davatar_994ba38a5ba835b3df7d355c54d3ed8d","Waiver of Retirement Benefits in Antenuptial & Postnuptial Agreements  \nby Alan Eidsness and Lisa Spencer  \nThe fundamental purpose of valid  \nantenuptial or  \npostnuptial agreements is to alter the legal rights of married couples that they would otherwise have in the event of divorce or death. Minn. Stat.  \n§519.11. Attorneys who draft such agreements often include broad  \nprovisions waiver of  \nfor the retirement  \nbenefits. Counsel should be aware that the 8th Circuit Court of Appeals recently determined that seemingly broad waivers of retirement benefits are ineffective upon enforcement if the terms lack strict conformity with 29 U.S.C. §1055(c)(2)(A) of the Employee Retirement Income Security Act (ERISA) . The case, MidAmerican Pension and Employee Benefits Plans Administrative Committee v. Cox, 720 F.3d 715 (8th Cir. 2013), involved the following facts: Between 1997 and 2004, Michael and Kathy Cox were twice married and divorced. They remarried for a third time in March 2010. Prior to their third marriage, they entered into an antenuptial agreement, which in part provided that Kathy waived and released any and all claims to Michael’s retirement benefits. They also reexecuted it as a post-nuptial agreement. On May 4, 2011, Michael filed a Petition  \nfor Dissolution of Marriage and on May 21, 2011, before the dissolution was finalized, Michael died. While unmarried and prior to the third marriage, Michael designated his parents as beneficiaries of his 401(k) plan. At the time of his death, Kathy had not signed a waiver of rights to the 401(k) and after his death, a dispute arose as to whether Kathy or Michael’s parents were entitled to his plan funds. The plan administrator filed an interpleader action seeking determination of the proper recipient of the funds.  \nMichael and Kathy’s antenuptial agreement provided in relevant part:  \n“Any retirement benefit, account or right, including any distributions or other payments to a party and any increase in such benefit or account during the term of marriage either by contribution, earnings or appreciation … will be the separate non-marital property of the party who is the participant or owner of the benefit or account except as otherwise specified in this Agreement.…  \n“To the extent that either party is entitled to benefits receivable under a retirement plan or individual retirement account, subject to the terms of the Employee Retirement Income Security Act (ERISA) as now existing or hereafter amended,… the other party hereby irrevocably consents to the participant employee’s change in beneficiary or change in the form of payment of benefits without  \nfurther consent by the non-participant spouse.  \n“The non-participant spouse hereby specifically agrees to consent in writing with his/her signature duly witnesses [sic] by a notary public in any election by the Participant to waive any and all forms of survivor benefits, specifically including, but not limited to, any PreRetirement Survivor Annuity and Joint Survivor Retirement Annuity Waiversand Beneficiary Designations. The nonparticipant spouse shall complete any such consents to any waivers of these benefits at any such time as requested by the Participant, whether currently or at any time in the future.  \n“Wife hereby specifically agrees to properly execute a waiver concerning Husband’s retirement plan in the witness of a notary public at any time upon Husband’s request following the marriage of the parties.”  \nThe 8th Circuit Court of Appeals upheld the district court’s determination that Kathy was entitled to the funds because Kathy’s consent to sign a waiver to the retirement benefits in the agreement did not conform to the acknowledgment requirement contained in 29 U.S.C.  \n§1055(c)(2)(A) which provides that a participant spouse’s election to waive survivorship benefits is only effective if:  \n(i) the spouse of the participant consents in writing to such election,  \n(ii) such election designates a beneficiary (or a form","cbCaiofc2VM84d03","https://ap.wps.com/l/cbCaiofc2VM84d03","pdf",237411,"English","# Waiver Purpose and Legal Framework\n## ERISA Strict Compliance Requirement\n## Cox Case Facts and Dispute\n## Agreement Language and Consent Deficiencies\n## Court Reasoning and Practical Drafting Implications","[{\"question\":\"Why must waiver provisions in antenuptial or postnuptial agreements be drafted with strict conformity to ERISA?\",\"answer\":\"Because ERISA’s survivorship waiver election is only effective when the spouse’s written consent and acknowledgment satisfy the statutory requirements in 29 U.S.C. §1055(c)(2)(A). Broad language without that strict conformity can fail upon enforcement.\"},{\"question\":\"What did the court find lacking in the spouse’s retirement-benefits waiver?\",\"answer\":\"The court found that the agreement contemplated future execution of a consent rather than providing the spouse’s actual written consent meeting the ERISA acknowledgment and witness requirements. It also failed to clearly and expressly inform the spouse of the spousal right and the affirmative waiver effect.\"},{\"question\":\"Did the pending divorce at the time of death affect the outcome?\",\"answer\":\"The court stated that the pending marital dissolution matter was irrelevant, because the parties were married when the spouse died, and the situation could not be treated as a divorce of a deceased person.\"}]","Waiver of Retirement Benefits in Antenuptial & Postnuptial Agreements | PDF",1789569608]