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Rocket Lawyer's Help videos provide a nice overview on a variety of legal topics from Harvard Law professor and TV Commentator Arthur Miller.

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How does marriage affect my pension plan?

Company pension plans, IRAs, 401k plans , and other employee benefit programs may be overlooked in premarital planning, and yet many times these assets are quite substantial.

Federal law provides a spouse with certain rights to your retirement benefits. These rights cannot be affected except by specific procedures. For example, designation of a beneficiary other than a spouse requires the notarized consent of the spouse.

Upon divorce a Qualified Domestic Relations Order is required to settle the spouse's interest in the account. When you prepare a Prenuptial Agreement, it is important for both of you to review how your pension and retirement benefits will be handled. Consider whether you want someone other than your spouse to be the beneficiary (perhaps your children). In this case, the agreement should provide that your spouse is waiving his or her rights to the retirement plan benefits, and that the spouse will sign any other documents that may be required to obtain the spouse's consent to the beneficiaries that you have designated.

Arthur Miller Legal Help Videos

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