Waiver of Retirement Benefits in Antenuptial & Postnuptial Agreements

By: Alan Eidsness , Lisa Spencer | Minnesota Lawyer | November 27, 2013
Divorce Settlements, Retirement Benefits

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.

  Originally published for Minnesota Lawyer
Alan Eidsness
With more than four decades of experience, I have a depth of knowledge that gives me clarity, wisdom, and skills that few can match. It’s exciting for me to be at this point in my career and I look forward each day to making a difference in the lives of my clients. I help clients in the following areas: full spectrum of family law issues: concerns in this arena are complicated, especially in situations of high net worth. With my comprehensive knowledge of substantive legal areas—business, tax, real estate, trusts...
Lisa Spencer
People are often anxious and distraught as they anticipate the end of a relationship. My role is to be objective and provide skillful legal counsel through what can be a difficult transition. I care about your long-term needs and will do my best to safeguard your best interests with purposeful and compassionate guidance. I represent a wide range of high-net-worth clients including business executives, professional athletes, and entertainers. A long-standing member of the firm’s management committee with 18 years of family law experience, I bring strategic knowhow to cases involving...