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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41220
Experience:  I provide employment and discrimination law advice in my own practice.
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My wife wants to decline receiving half of my pension if we

Customer Question

My wife wants to decline receiving half of my pension if we divorce in exchange for her keeping her retirement money she saved up how can we document this and is putting this in the separation paper work good enough
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.
Putting this into the separation agreement is not sufficient. Where it needs to go is into your divorce settlement agreement that you sign right before the judge orders the dissolution to occur. Beforehand, since you are still lawfully married, placing it in the separation agreement will not be binding on the parties. So when you begin to place all terms and conditions of your divorce together, you can add this to the agreement, and so long as both of you agree, the judge will very likely sign off on it.
Sincerely,
Dimitry, Esq.