United States Fourth Circuit

Because a Premarital Agreement did not comport with ERISA's formal requirements, under 29 U.S.C. section 1055(a), for waiver of spousal rights in a pension plan, the agreement could not be enforced to deny the husband's spousal rights in his deceased wife's benefit plans.

Appellate Information

• Argued 01/23/2002
• Decided 02/26/2002
• Published 02/26/2002

Judges

• Before NIEMEYER and TRAXLER, Circuit Judges, and CYNTHIA HOLCOMB HALL, Senior Circuit Judge of the United States Court of Appeals for the Ninth Circuit, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  John N. Hutson, Jr., Howard, Stallings, From & Hutson, P.A., Raleigh, North Carolina, for Appellants.  Michael Terry Medford, Manning, Fulton & Skinner, P.A., Raleigh, North Carolina, for Appellees.   ON BRIEF:  Brian E. Moore, Howard, Stallings, From & Hutson, P.A., Raleigh, North Carolina, for Appellants.  John C. Dorsey, Manning, Fulton & Skinner, P.A., Raleigh, North Carolina, for Appellees.