Originally Posted by FL370esq

It's a nuanced point but ERISA only dictates to whom the administrator of the plan is to distribute the retirement assets in the case of a current spouse. If you have a validly executed pre-nup and one of the terms negotiated is the forbearance of each other's retirement plans, and then the principal dies, the intended beneficiary (kids, brother, favorite FO, etc ..) can file a breach of contract action in state court and ask the Court to impose a constructive trust on the assets thereby taking control of the distribution.

The flip side is people who get divorced and forget to remove the ex as a beneficiary (Not sure how they forget...but it happens). Most states treat the ex as having predeceased the account holder and therefore the ex would get nothing....and like it 😁