Prenuptial agreements and separation

[Guest kandria72]

Please help me! I have a legal research problem. I have a scenario with a couple that has a prenuptial agreement. The prenup provided that if the couple ever separated they would waive and give up any right to inherit assets from the estranged spouse. The husband contributed to a Federal Government sponsored savings plan and named his wife as sole beneficiary. the couple separated. The husband died 3 months later. Does the wife still get the proceeds from the savings plan?

In the scenario, the sister shows up and says that the government inteds to pay the proceeds to the wife.

Can anyone give me any hint as to where I can find information on whether or not the wife gets the proceeds?

[Guest b2kates]

look for the case of Hurvitz v. scher and its progeny.

This is an ERISA case, and subject to those rules. You need to determine whether the governmental plan applies the QDRO rules.

[mbozek]

The Federal Thrift savings plan is found at 7 USC 8437. Benefits are paid under section 8440. If the fed gov is going to pay the spouse what is the sister going to do? Her only option would be to file a suit against the thrift plan and and the spouse.