Retirement waived on prenup but confused about ERISA?


I have a prenup that reads:

ERISA RIGHTS: Each party specifically waives any right, whether created by statue or otherwise, to pension, profit-sharing, or other retirement benefits earned by or credited to the other, includidng, but not limited to, any joint or survivorship rights and any right which might arise in the event of the parties’ separation or the dissolution of the marriage. Following the solemnization of the parties’ marriage, each party shall execute such waivers or other documents as the other may reasonably request to evidence such waiver.

MY QUESTION is…does this mean only retirement programs that are governed by ERISA are waived…or ANY retirement benefits? I have NC local government retirement and a 401k. Am I protected with the way this prenup reads?? Or can my ex get part of my retirement? If so, how do they calculate how much?



One other thing I forgot to add…

On my prenup, I failed to list my retirement benefits under my list of “financial disclosures”. My husband was aware of my retirement benefits however. Don’t know if this omission to list as an asset would alter the prenup in some way??



The language protects your retirement plans, however the failure to disclose may cause problems. You will need to prove that your husband knew of these accounts.