In a divorce is a wife entitled to her husband’s retirement benefits ifthey wereeceived prior to the marriage?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
In a divorce is a wife entitled to her husband’s retirement benefits ifthey wereeceived prior to the marriage?
My boyfriend does not want to get married because he is afraid in the event of divorce that I would want half of his retirement benefits. Can I sign something that would give him piece of mind that I would not be entitled to it in the event of divorce?
Asked on March 7, 2012 under Family Law, Georgia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes, you could It would be called a prenuptial agreement. But you need to understand something here: you are entitled to that portion of his retirement benefits that accrued during the marriage. Why would you waive that right unless you yourself have a retirement plan and wish him to waive that right. Or a savings account that should not be co-mingled at all for that matter. Generally the wealthy like to make sure they do not lose it all. But regular people go in to a marriage first hoping that it lasts "til death do us part" and second, with the intention to share all aspects of their life together. Having to sign a prenup in order to get a proposal does not sound like a healthy way to start off. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.