Ed question


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.


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.