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How Are Retirement Accounts and Pensions Handled in an Illinois Prenup (ERISA Spousal Consent)? - Caesar & Bender, LLP
From Caesar & Bender, LLP - How Are Retirement Accounts and Pensions Handled in an Illinois Prenup (ERISA Spousal Consent)? looks at how 401(k) plans, IRAs, and pensions can be addressed in a prenuptial agreement under Illinois law. Under 750 ILCS 10/4(a)(1), couples can define their rights in retirement assets within a prenup, but federal rules add another layer for private retirement plans subject to spousal consent requirements. A prenup signed before marriage cannot by itself satisfy those consent rules, which only take effect once the parties are married.
The Employee Retirement Income…
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