Legal Question in Family Law in Louisiana

Prenuptial agreement

If there was a prenuptial agreement before a spouse died which stated that any and all pensions go to suviving spouse, would this override an x wife of 24 years from receiving 10 years of the pension of which she was married to the deceased spouse? Pension is based on time accured in the Association. Thank You

Asked on 1/16/02, 11:10 am

2 Answers from Attorneys

Darrell Hickman Spears & Hickman

Re: Prenuptial agreement

The quick answer to your question is no. The deceased spouse could give away no more than he was entitled to under the pension plan. If the first spouse is entitled to collect under the pension plan, then the pre-nuptial agreement cannot circumvent her rights.

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Answered on 1/16/02, 1:10 pm

Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Prenuptial agreement

The mere existance of the Prenup will not affect the property rights of a former spouse. Under Louisiana community property law, when the first marriage ended the former spouse "owned" a certain portion of the pension plan based on the length of time the former community contributed to the plan. However, the former community may have been divided between the parties and the exspouse may have given up any claim to the pension.

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Answered on 1/16/02, 2:33 pm

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