Remarriage and Retirement Funds
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Remarriage and Retirement Funds
If I remarry, is there a way to protect my retirement from my future husband? I
want it to be there for me and then for my children.
Asked on May 7, 2018 under Family Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
A pre-nuptial agreement signed by both spouses-to-be before marriage can set in advance how certain assets, including retirement funds, would be divided up in the event of a divorce, and who would pay what in terms of spousal support. A pre-nuptial must comply with your state's laws about what is permitted and about making sue it is properly signed and potentially witnessed, too. Therefore, you can protect your retirement, but it must be done *right*--an error will leave it vulnerable to him. Do not try to draft one yourself: retain a family law or matrimonial attorney to help you.
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