Month: May 2023

Can you get a prenup with an ERISA Plan?

The short answer is NO! Federal law does not allow a prenuptial agreement to waive survivor benefits with ERISA plans. Federal Regulations [CFR Regulation 1.401(a)-20 Q&A 28] state as follows: Q-28: Does consent contained in an antenuptial agreement or similar contract entered into prior to marriage satisfy the consent requirements of sections 401(a)(11) and 417? […]