MidAmerican Pension & Employee Benefits Plans Administrative Committee v. Cox

WOLLMAN, Circuit Judge.

Michael G. Cox, Sr., and Joleen Cox (collectively Parents) appeal from the district court’s 1 adverse grant of summary judgment. They argue that the district court erred in concluding that the antenup- tial agreement between their son, Michael G. Cox, II (Michael), and his then-wife, Kathy L. Cox (Kathy), was ineffective to waive Kathy’s right to the funds in Michael’s 401 (k) plan. We affirm.

I. Background

Michael and Kathy twice married and divorced between 1997 and 2004. On September 23, 2004, while unmarried, Michael designated his Parents as beneficiaries of his…