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Anne v. Richards

Appellate Division of the Supreme Court of New York, First Department
Oct 29, 1996
232 A.D.2d 303 (N.Y. App. Div. 1996)

Summary

In Richards v. Richards, 232 A.D.2d 303, 648 N.Y.S.2d 589 [1996] the First Department affirmed Supreme Court's holding that plaintiff was not barred from equitable distribution of defendant's pension by a prenuptial agreement in which she waived any right thereto.

Summary of this case from Sabad v. Fessenden

Opinion

October 29, 1996.

Order, Supreme Court, New York County (Lewis Friedman, J.), entered on or about May 26, 1995, which, in an action for divorce, determined that plaintiff wife is not barred from equitable distribution of defendant husband's pension and retirement plans as a result of a prenuptial agreement in which she waived any claim thereto, unanimously affirmed, without costs.

Before: Wallach, J. P., Nardelli, Williams and Mazzarelli, JJ.


We are in accord with the view expressed by the United States District Court, Southern District of New York in Hurwitz v Sher ( 789 F Supp 134, 137 [citing Treasury Regulation (26 CFR) § 1.401 (a)-20], affd for other reasons 982 F2d 778, 781, n 3, cert denied 508 US 912) that, under the Employee Retirement Income Security Act ( 29 USC § 1055 [c] [21 [A] [i]) and the Internal Revenue Code ( 26 USC § 417 [a] [2] [A] [i]), only a spouse can waive spousal rights to employee plan benefits, that a fiancée is not a spouse, and that such rights, therefore, cannot be effectively waived in a prenuptial agreement.

We have considered defendant's remaining arguments and find them to be without merit.


Summaries of

Anne v. Richards

Appellate Division of the Supreme Court of New York, First Department
Oct 29, 1996
232 A.D.2d 303 (N.Y. App. Div. 1996)

In Richards v. Richards, 232 A.D.2d 303, 648 N.Y.S.2d 589 [1996] the First Department affirmed Supreme Court's holding that plaintiff was not barred from equitable distribution of defendant's pension by a prenuptial agreement in which she waived any right thereto.

Summary of this case from Sabad v. Fessenden

In Richards v Richards (232 AD2d 303) the First Department affirmed Supreme Court's holding that plaintiff was not barred from equitable distribution of defendant's pension by a prenuptial agreement in which she waived any right thereto.

Summary of this case from Edmonds v. Edmonds

In Richards v. Richards (232 A.D.2d 303) the First Department affirmed Supreme Court's holding that plaintiff was not barred from equitable distribution of defendant's pension by a prenuptial agreement in which she waived any right thereto.

Summary of this case from Edmonds v. Edmonds
Case details for

Anne v. Richards

Case Details

Full title:ANNE B. RICHARDS, Respondent, v. WILLIAM RICHARDS, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 29, 1996

Citations

232 A.D.2d 303 (N.Y. App. Div. 1996)
648 N.Y.S.2d 589

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