QUESTION
Can my spouse waive his rights to my retirement funds?
Asked on Nov 20th, 2013 on Divorce - Michigan
9 ANSWERS
Family Law Attorney serving Peoria, AZ
at
The Law Firm of Jessica M. Cotter, P.L.L.C.
Update Your Profile
This is more appropriately a question for your attorney to advise you on, assuming you are represented. That being said, in Arizona the court will generally approve a settlement agreement entered into by the parties as long as the court believes that the agreement was not obtained by duress or coercion, and results in an equitable division of marital property.
Answered on Nov 21st, 2013 at 1:14 PM
The parties can waive anything they want so long as they both agree.
Answered on Nov 21st, 2013 at 1:13 PM
Yes, he can. Spouses with retirement accounts of equal value often exchange waivers of any right to the others account. It is also possible to waive the right in exchange for another asset of comparable value.
Answered on Nov 20th, 2013 at 4:34 PM
Bruce Provda
He can but it might not be wise for him to do so.
Answered on Nov 20th, 2013 at 4:33 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Yes, but the fact that neither he or you know that leads me to believe you are not represented. Get an attorney, it is your life, your property and your future which is at risk.
Answered on Nov 20th, 2013 at 4:33 PM
Social Security Disability Attorney serving Melbourne, FL
at
Law Office of Robert E. McCall
Update Your Profile
Short answer is Yes.
Answered on Nov 20th, 2013 at 4:33 PM
Divorce Attorney serving Bloomfield Hills, MI
at
Catchick Law, P.C.
Update Your Profile
Can he? Sure! However, please note the general rule is that each spouse is entitled to one-half of the other spouse's retirement benefits (including pensions and 401k's) that accrued during the course of the marriage.
Answered on Nov 20th, 2013 at 3:04 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
He could, but what is in it for him? Does he have retirement benefits that you will waive? Are you giving him other property in compensation? Is he just a nice guy that doesn't want to be bothered? If the answer is no to these questions, then I doubt that he will.
Answered on Nov 20th, 2013 at 3:04 PM