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CRITCHELL v. CRITCHELL

No. 98-FM-1304.

746 A.2d 282 (2000)

Douglas A. CRITCHELL, Appellant, v. Penelope B. CRITCHELL, Appellee.

District of Columbia Court of Appeals.

Decided February 10, 2000.

Attorney(s) appearing for the Case

Linda J. Ravdin, Washington, DC, for appellant.

Peter R. Sherman, with whom Claudia A. Pott, Washington, DC, was on the brief, for appellee.

Before and TERRY, FARRELL and WASHINGTON, Associate Judges.

WASHINGTON, Associate Judge:

The issue on appeal is whether the Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 832, as amended by the Retirement Equity Act of 1984 (REA), 29 U.S.C. § 1001 et seq., pre-empts state marital property law and proscribes a nonparticipating spouse's waiver of a property interest in her husband's pension at divorce by a validly executed prenuptial agreement. The trial judge ruled that ERISA pre-empted the District...

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