Failure To Execute ERISA Waiver Did Not Nullify Terms Of Prenuptial Agreement

(December 3, 2019, 9:29 AM EST) -- MONTGOMERY, Ala. — The Alabama Supreme Court on Nov. 22 affirmed a trial court’s ruling that a surviving spouse breached a prenuptial agreement by retaining the proceeds of her late husband’s 401(k) and pension plans even though she did not execute a valid spousal waiver of her rights to the plans’ proceeds as required by the Employee Retirement Income Security Act  (Beulah Jean James Moore v. Billy Edward Moore, No. 1180482, Ala. Sup., 2019 Ala. LEXIS 128)....

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