A surviving spouse has certain rights to the property of a deceased spouse, regardless of the deceased spouse’s will or living trust provisions. Oklahoma law allows for these rights to be waived by contract if the contract is entered into prior to the marriage. This contract is called a “prenuptial agreement” or “ante nuptial agreement”. The use of this contract is most common in second marriages where the parties want to protect the rights of the children by the first marriage.

Special consideration is necessary with respect to retirement plans (e.g., an IRA, 401(k) or pension plan). Federal law requires that a spouse receive certain rights in some retirement plans and special attention must be paid to how these requirements affect the distribution of these assets in the event of divorce or death.