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SAVAGE-KEOUGH v. KEOUGH

861 A.2d 131 (2004)

373 N.J. Super. 198

Susan SAVAGE-KEOUGH, Plaintiff-Respondent, v. John KEOUGH, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided November 5, 2004.

Attorney(s) appearing for the Case

Randal W. Habeeb, Hackensack, argued the cause for appellant (Pless & Habeeb, attorneys; Randal W. Habeeb, on the brief).

Deborah L. Ustas argued the cause for respondent (Weinberg & Ustas, attorneys; Deborah L. Ustas and Ashley Tate Cooper, on the brief).

Before Judges CONLEY, LISA and WINKELSTEIN.

The opinion of the court was delivered by

WINKELSTEIN, J.A.D.

The issue presented in this opinion is whether defendant husband waived his right to equitable distribution of plaintiff wife's ERISA-qualified stock option plan under the terms of the parties' antenuptial agreement. Defendant argues that ERISA's preemption and antialienation provisions preclude a pension plan participant from denying his or her spouse an interest in the plan, even if the spouse...

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