Federal law mandates that most private pension plans, which are covered by spouse may only waive the joint and survivor annuity in writing, and a similar proviso applies to federal Civil Service employees.
A former retirement benefits.
ERISA does not require state courts to treat survivor benefits as marital property. Most courts have held that they are not property since they have no present value, and unlike pension benefits, they have no possibility of becoming available to the employee for his or her direct use.