Love, Marriage And The Retirement PlanLove, Marriage And The Retirement Plan
The federal government got into an area previously reserved for the states spousal property rights with the enactment of the Retirement Equity Act of 1984 (REA).1 This statute requires all qualified retirement plans provide the spouses of plan participants with certain rights to the participants' benefits.2 These rights can restrict a client's ability to dispose of his benefits by a premarital agreement,
Natalie B. Choate, of counsel, Bingham McCutchen LLP, Boston, Mass.
The federal government got into an area previously reserved for the states — spousal property rights — with the enactment of the Retirement Equity Act of 1984 (REA).1 This statute requires all qualified retirement plans provide the spouses of plan participants with certain rights to the participants' benefits.2 These rights can restrict a client's ability to dispose of his benefits by a premarital agreement, as part of his estate plan and even during life. Estate planners need to know what the limits are, when and how spousal rights can be waived, and what limited means are available for avoiding the rights.3
FULL-SCALE REA REQUIREMENTS
Retirement plans covered by REA fall ...
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