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FamilyAttorney, Lawyer
Category: Family Law
Satisfied Customers: 1376
Experience:  Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
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How can I protect my Pension/Profit sharing plan from my spouse.

Customer Question

How can I protect my Pension/Profit sharing plan from my spouse. We have been married for 11 years. He has is own retirement plan which has not yet exceeded my 30 yrs. He is willing to wave all rights to my plans. What type of document is needed to ensure I'm protected now and in future. I do not want him to have access/withdrawal to any of my accounts even when married.
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAttorney replied 1 year ago.
Hello. I’m a licensed attorney with 36 years’ experience. I specialize in family law and appeals, and I have many years’ experience with landlord-tenant issues, contract law, and other types of law. I also have written hundreds of legal articles. I look forward to helping you today.Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site. By continuing, you confirm that you understand and agree to these terms. Oh, keep in mind that at the end of this discussion I'm going to ask you to please rate me as that's the only way I get credit for my time here today. Thanks!
Expert:  FamilyAttorney replied 1 year ago.
Generally speaking a situation like this would call for a post nuptial agreement. The only problem is that you are in California (is that correct? That's what it states above). California is different from other states. In a lot of states, a postnup will be looked at but not necessarily enforced. In Cal, they are reviewed very carefully by the court and they have to be done properly. That's because as a husband and wife, Cal. looks at it is if you have a special relationship, which you do. Therefore, in Cal, complete and total disclosures of all financial information to one another has to be done done before you sign your agreement. Failure to completely disclose financial information can cause the postnup to be void. You can avoid potential problems by hiring your own attorney and by having your spouse get his own attorney. Your best bet is to meet with a family lawyer in your area. Call family lawyers in your area and ask for a free consultation so that all it will cost you is your time. You don't have to sign anything right away. Let me know if you want a list of attorneys in your area. I hope this helps and clarifies. If you could, I'd appreciate it if you can rate me when finished. Please accept my answer, rate my answer and then submit, as this is how I get credit for my time with you and with your question. I work hard to give you a thorough and honest answer. I thank you in advance for rating me. Please let me know if there is more that I can do to answer your question and if you need more information. If not, I thank you for your rating. I can’t get credit for answering your question without your fair and honest rating. Thank you!
Expert:  FamilyAttorney replied 1 year ago.
By the way, I wanted to add that California is a community property state, so whatever agreement you have will be scrutinized by the court. That's why it's really important for you to have a family lawyer draw up an agreement for you so that it will be valid.Best of luck to you and let me know if you need any additional questions answered. Thanks in advance for rating me as that is the only was I get credit for my answer here. Feel free to send me any follow-up questions.

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