Waiver of rights to retirements


#1

Dear Jumper:

Greetings. If you are divorced from your ex spouse and she waived her rights to your retirement, she cannot come after your retirement now. There is one exception, which allows her to ask the court to tap into retirement accounts if you do not pay your child support, but otherwise you are fine. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.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

Janet,
Thanks for the information thus far! I appreciate it (and no, attorneys don’t always get the bad rap [:D])

In my separation agreement, my ex and I both waived our rights to the others retirement/pensions, etc. Can she come back and request a portion of my retirment? I’m military with a minimum of 5 years left to retirment (I say “minimum” because I’ll more than likely stay past 20 years). Could she be awarded a portion of my monthly retirement check even though she’s waived all rights to it?