Can a waiver by a spouse of her interest in a retirement plan covered by ERISA be enforced through a state law cause of action?

QUESTIONS PRESENTED 1. Can a waiver by a spouse of her interest in a retirement plan covered by the Employee Retirement Income Security Act of 1984 (“ERISA”) in an antenuptial agreement that does not satisfy ERISA spousal waiver requirements be enforced through a Georgia state law cause of action against the spouse after the distribution of the benefit to the spouse? 2. Can a waiver by a spouse of her interest in a covered plan in an antenuptial agreement be enforced where the plan participant did not elect to waive his spouse’s interest in the plan pursuant to ERISA after they married? 3. Can an antenuptial agreement be valid if it provides for a waiver of alimony by one party to whom the other party to the agreement does not disclose his income? ii LIST OF PROCEEDINGS Supreme Court of Georgia Case No. 819C1629 Zhiheng Sheng v. Daniel Michael Snyder Date Denying Petition: March 13, 2020 Court of Appeals of Georgia A19A0517 Sheng v. Snyder Date of Final Opinion: June 21, 2019 Superior Court of Fulton County, State of Georgia File No. 2017CV285151 Daniel Michael Snyder as Executor of the Estate of James P. Snyder, Plaintiff v. Zhiheng Sheng, Detendant. Date of Order: April 26, 2018