Ed question


#1

I have an attorney and my stbx does not. My attorney is writing up the custody agreement now, after stbx and I have agreed on the terms. For Alimony and ED, we agree on everything except he wants an additional $7k from my 401k. Part of the agreement includes me buying him out for the house using cash + part of my 401k.

My question is whether it is possible to signoff on everything but the 401k QDRO settlement - i.e., siginoff on house, custody, support, etc. This way unless he files a claim, he has no rights to it. The reason is that I’ve been the one to push for closure on everything else and plus I don’t think he should get my 401k to begin with. So if he feels that strongly about it, I would rather for him to be the one to have to fight for it instead of me always being the one.


#2

You may sign an agreement and leave the issue of retirement open, however I cannot imagine that your ex would agree to such an arrangement as he would have no incentive to do so.