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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

November 1, 2003

11 Min Read
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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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About the Author

Natalie B. Choate

Of Counsel

http://www.nutter.com/

Natalie B. Choate is an Of Counsel in the Trusts and Estates Department. Her practice is limited to estate planning for retirement benefits. Her two books, Life and Death Planning for Retirement Benefits and The QPRT Manual, are leading resources for estate planning professionals.

Natalie is the founder and former chair of the Boston Bar Estate Planning Committee; a former chair of the Boston Bar Employee Benefits Committee; and a member and former officer of the Boston Probate and Estate Planning Forum. She is a fellow and former Regent of the American College of Trust and Estate Counsel and former chairman of its Employee Benefits Committee. Named “Estate Planner of the Year” by the Boston Estate Planning Council, Natalie is listed in The Best Lawyers in America. The National Association of Estate Planners and Councils has awarded Natalie the “Distinguished Accredited Estate Planner” designation.

Her articles on estate planning topics have been published in ACTEC Notes, Estate Planning, Trusts and Estates, Tax Practitioners Journal and Tax Management. She is an editorial advisor for Trusts and Estatesmagazine. She writes a web column and “podcast” for MorningstarAdvisor.com

Natalie has taught professional-level courses in estate planning in 49 states, and has spoken at the Heckerling, Notre Dame, Heart of America, New England, Southern California, Mississippi, Tennessee, Washington State and Southern Federal Tax Institutes. Her comments on estate and retirement planning have been quoted in The Wall Street Journal, Money, Newsweek, Kiplinger’s Personal Finance, Forbes, Financial Planning, Financial World and The New York Times.