Retirement accumulations in employer-sponsored qualified plans often represent the principal source of liquid resources for an employee and his or her family. In every state, the non-employee spouse has an
When Does a Nonemployee Spouse Have a Right to the Employee's Retirement Accumulation?
Usually, when the employee spouse has interests in multiple plans, the divorce settlement will also contain a waiver or release by the non-employee spouse of his or her interests in other plans. But even if effective under state law, that does not, by itself, protect the employee's interests and those of the employee's successors.
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