Can there be an agreement after the divorce?


#1

My friend who has been separated almost 10 years wants to file for divorce. He has all the paperwork to take care of it and knows what to do. If he were to file and everything go thru for the divorce, can the ex-wife come back after him later to claim her fair share of a Retirement plan?

  • he does not want to mess her over. He believes she deserves 50% of the retirement which he invested in while they were together. But she seems to think she should get more. But the bottom line is he just wants to divorce to be done with and doesn’t want to wait to fight it out. Also kids are adults now.

#2

If your friend gets divorced without a claim for equitable distribution pending, property will be held as titled. If the retirement account is solely in his name, it will remain his.