Separation agreement


#1

Dear Blessed:

You need to make sure you have the proper waivers of estate rights in place, as well as putting language in the agreement that insures he will do what he agrees to do. Also, take consideration of alimony and whether you need a waiver there. Finally, I would be wary about giving up rights to his 401(k) unless you know exactly how much is in there.
Good luck!

Ketan P. Soni
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

With a 19 year old son who is not attending college, what would I need to include in a separation agreement other than settlement out of the house. He intends to continue living there. So if he pays me out, refinances and gets my name off deed and loan, then that should settle it, correct? Some furniture and other household items I may ask for, but I don’t want to bother his 401K and he not bother mine; vehicles are in perspective names with neither being joint. All I want is money from house and good riddance of him.