Giving up rights to 401K prior to divorce filing


I want my STBE to give up his rights to any of my 401K and do not want to wait until I file for divorce. What is the best, least expensive way to go about this?


You and your husband can enter into a separation agreement (a contract) that addresses equitable distribution. Upon agreement, your 401(k) can be awarded entirely to you as your sole and separate property. A separation agreement can be entered into prior to the absolute divorce being filed or granted.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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