Strong v. Dubin
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Andrias, J.P.
The primary issue before us is whether the parties’ prenuptial agreement contains an enforceable waiver of defendant wife’s interest in the marital portion of plaintiff husband’s retirement assets. In analyzing this issue, we consider principles of contract interpretation in the context of prenuptial agreements and revisit our determination in Richards v Richards (232 AD2d 303, 303 [1996]), where we found that under the Employee Retirement Income Security Act “only a spouse can waive spousal rights to employee plan benefits, that a fiancee is not a spouse, and…
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