Q. Under FERS, if I have a prenuptial agreement that my retirement benefits are my sole assets and I do not elect survivor benefits, will I be required to have my new spouse sign and agree to decline the survivor benefits?
A. Absolutely. Regardless of what it says in your prenuptial agreement, you are required by law to elect a full survivor annuity for your spouse, unless your spouse agrees in writing to a lesser amount or none at all.