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My wife and I are getting ready to separate. I recently

Customer Question
My wife and I...

My wife and I are getting ready to separate. I recently switched jobs and drew out part of my retirement to catch up some bills. My wife wants 1/2. Do I need a lawyer for her to sign a document admiting she received the money and cannot go for any of my portion after we separate? We have 2 children together

Lawyer's Assistant: Family law varies by state. What state are you in?

South Carolina

Lawyer's Assistant: Have you talked to a lawyer yet?

No, I work long hours and do not get off in time. Plus I do not know if I can afford one right now

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I want her to waive her right to alimony

Submitted: 8 months ago.Category: Family Law
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Answered in 5 minutes by:
12/5/2017
Family Lawyer: Lucy, Esq., Lawyer replied 8 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
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Hi,

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Family Lawyer: Lucy, Esq., Lawyer replied 8 months ago

I'm Lucy, and I'd be happy to answer your questions today.

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Family Lawyer: Lucy, Esq., Lawyer replied 8 months ago

Yes, before you give her any money, she should sign something stating that she received it. Otherwise, she could try to claim that you took the money and wasted it, or she could claim that you still owe her half of what was withdrawn. It's important to have the record. It would also help, if you decide to give her the money, to pay via check so the bank will have a record of the transaction, too.

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Family Lawyer: Lucy, Esq., Lawyer replied 8 months ago

Before giving her anything, consider the tax implications of taking that money and decide which of you should bear that burden. If you give her half but pay all the taxes, then she got more money than you did.

You can ask her to waive her right to alimony in order to get that money now, however, she's entitled to it either way. It's up to the two of you to negotiate a resolution you can both work with. Typically, she'd only be entitled to alimony if you've been married at least 10 years and if she doesn't make enough to pay her bills, after considering both her income and child support.

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Customer reply replied 8 months ago
Do we have to go thru a lawyer for this document to be legal or can we type the document and have a notary sign
Family Lawyer: Lucy, Esq., Lawyer replied 8 months ago

You don't need a lawyer. As long as you both sign and date it, it's legally binding. The notary will help ensure that she doesn't later claim she didn't sign it.

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Family Lawyer: Lucy, Esq., Lawyer replied 8 months ago

Please rate my answer positively so I get paid for the time spent answering your questions. If you're on a mobile device, you may have to scroll to the left. Thank you.

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Family Lawyer: Lucy, Esq., Lawyer replied 8 months ago

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