Due to a little-known rule, if you list your children on your IRA as your primary beneficiaries, they could be disheartened if you remarry. According to federal law under the Employee Retirement Income Security Act of 1974 (ERISA), if you remarry your new spouse gets all of your retirement funds despite whomever you name as the beneficiaries. This little-known reality can unexpectedly happen to blended families. How do you protect your children from being disinherited? Have your new spouse sign a form waiving rights to your qualified retirement plan.